Act on Aid to Asylum Seekers and Certain Categories of Foreigners (LARA) - Purpose (LARA)

1. This Act governs

- the cantonal competencies in the execution of the Federal Act on Asylum (Asylum Act) [A];

- the granting of aid to persons referred to in Article 2, in order to meet their essential needs for a life conforming to human dignity;

- the creation and financing of the organization responsible for granting this aid;

- the transmission of data between the authorities and organizations implementing the Asylum Act.

1. This Act applies to

1. asylum seekers holding a right of residence in Vaud territory by virtue of federal legislation;

2. persons granted provisional admission;

3. persons to be protected who benefit from provisional protection;

4. persons residing illegally in Vaud territory;

5. unaccompanied minors within the meaning of Article 3 of this Act.

6. nationals of EU or EFTA member states who are not entitled to social assistance by virtue of Article 61a, paragraph 3 of the Federal Act of 16 December 2016 on Foreign Nationals and Integration (FNIA).

2. It does not apply to persons whose refugee status has been recognised.

1. For the purposes of this Law, the following definitions apply

- Asylum seekers: persons designated in Article 2, paragraphs 1 to 3 of this Law;

- Unaccompanied minor: an asylum seeker who has not reached the age of majority and whose legal representative is not present on Swiss territory;

- Assistance: ordinary aid provided in accordance with Article 80 LAsi [A] and the provisions of this Law;

- Assistance standards: Basic principles upon which the granting of assistance to persons entitled thereto under the LAsi and this Law is founded;

- Emergency aid: minimal aid within the meaning of Articles 12 of the Federal Constitution [C], 33 and 34 of the Constitution of 14 April 2003 [D], the content of which is defined by the Vaud Law on Social Action [E].

1. The Grand Council votes on the cantonal subsidy granted to the Cantonal Institution for the Reception of Asylum Seekers (hereinafter referred to as: the institution) within the framework of the State budget.

1. The Council of State

- sets the assistance standards;

- appoints the director and the supervisory body of the institution;

- concludes a subsidy agreement with the institution, in accordance with Title VII of this Law;

- approves the budget and accounts of the institution.

- If necessary, and provided that the Grand Council is informed, may entrust the institution with other tasks related to migration policy than those stipulated by law.

1. The department responsible for asylum (hereinafter: the department) is the competent cantonal authority for the procedure. In this capacity, it notably performs the following tasks

- investigation of the procedure, in particular hearing applicants and providing preliminary opinions on situations of personal hardship;

- execution of removals of rejected applicants;

- assistance and advice for return;

- issuance and renewal of employment permits and identification documents for asylum seekers.

2. The department assumes the tasks of the "bureau de coordination" (coordination office) within the meaning of Article 4 of Asylum Ordinance 2 relating to financing [F]. In this context, it prepares the invoicing of costs reimbursed by the Confederation, collects and distributes the lump sums paid by the latter, and negotiates the subsidy agreement concluded with the institution.

3. The department decides on the granting of emergency aid to persons residing illegally in Vaud territory.

4. The department is responsible for relations with the institution and controls the latter's activities.

1. In collaboration with the department, the department in charge of health organizes the medical and sanitary care of the individuals targeted by this law.

2. It ensures the financing of nursing and medical care insofar as they do not fall under mandatory health insurance.

3. It enters into agreements with insurers for the coverage of health and accident risks of asylum seekers, who are fully or partially assisted.

1. The Advisory Commission on Asylum is tasked with advising the competent authorities on the decisions they must make in application of asylum legislation and the present law.

2. The composition of the commission, its functioning, and the appointment of its members are determined by regulation.

3. After two years, an efficiency assessment is established by the Council of State. If necessary, the latter proposes the necessary reforms.

1. The establishment is an autonomous public law entity endowed with legal personality.

1. The establishment grants assistance to asylum seekers and unaccompanied minors.

2. It executes the department's decisions regarding emergency assistance for individuals residing illegally in the Vaud territory.

3. It carries out other tasks related to migration policy as assigned by the State Council.

1. The organs of the institution are

- the director;

- the auditing body.

1. The director is the supreme authority of the establishment.

2. The director is appointed by the Council of State, which sets the terms of appointment and the job description.

3. The director represents the establishment in dealings with third parties.

4. The director exercises the decision-making powers attributed to the establishment by this law. He may delegate these powers to the senior executives of the establishment. He informs the department thereof.

1. The revision body of the institution is appointed by the Council of State.

2. It must be particularly qualified, in accordance with federal legislation.

3. It is remunerated by the institution.

4. It is responsible for auditing the annual accounts of the institution.

5. It submits its report to the Council of State at the same time as the institution's accounts are presented to the latter.

1. The director hires the establishment's staff by contract.

1. The staff of the establishment is affiliated with the pension fund chosen by the establishment, with the agreement of the Council of State.

1. A collective labor agreement governs the employment relationships within the establishment.

2. For matters not addressed by the said agreement, the Code of Obligations [G] is applicable as supplementary cantonal law.

1. The director and the staff of the institution are bound by official secrecy.

2. The director of the institution is authorized to lift the official secrecy for the staff.

3. The department is authorized to lift the official secrecy for the director of the institution.

1. The establishment provides for its own organization.

2. To this end, it adopts one or more internal regulations [H], approved by the Council of State.

1. The establishment manages real estate assets in the course of exercising its duties and ensures their regular maintenance within the scope of its budget.

2. Prior to any alienation, acquisition, or construction of real estate properties, as well as before any pledging of its assets, the establishment requires the agreement of the head of the department.

3. The same applies to renovation or transformation work whose cost is likely to exceed the threshold amount per object set by the Council of State.

1. The institution grants assistance to asylum seekers assigned to the canton of Vaud who meet the conditions set out in Article 81 of the Asylum Act (LAsi) [A].

1. Assistance shall, as far as possible, be granted in the form of benefits in kind. It may take the form of

- accommodation;

- medical and healthcare supervision;

- social support;

- if necessary, other benefits in kind.

2. It may also take the form of financial benefits.

1. Standards of Assistance Establish Principles Related to the Content of Assistance

2. On this basis, the department issues guidelines to determine the assistance granted in each case, taking into account the recipient's situation.

1. The individual requesting assistance or already receiving it, their legal representative, or each member of the household receiving aid must provide, upon request, complete information about their personal and financial situation.

1bis. Every person mentioned in the first paragraph authorizes the individuals and entities they identify to the establishment, those holding information regarding their financial situation, as well as the banks or postal institutions where they hold assets of any kind, the insurance companies with which they have contracted, and the social insurance organizations that grant them benefits, to provide the necessary information and documents to establish their right to assistance.

1ter. In case of doubt about the financial situation of the individual requesting assistance or already receiving it, the establishment may require them to authorize specifically designated persons or entities to provide any information related to establishing their right to assistance.

1quater. The individual requesting assistance or already receiving it must promptly report any change in their situation that may lead to the modification or termination of their right to assistance.

2. The municipal and cantonal administrative authorities, employers, and organizations involved with beneficiaries provide the establishment with the necessary information and documents to determine the assistance, free of charge.

3. To determine the financial benefit, the tax administration provides the necessary information to the establishment through an appeal process concerning the individual requesting assistance. It also provides the necessary information concerning the individual who has received assistance benefits in reimbursement procedures. Tax secrecy is expressly waived for this purpose.

4. Upon request of the establishment, the tax administration provides salary certificates in its possession concerning assistance beneficiaries. Tax secrecy is expressly waived for this purpose.

1. An investigation may be ordered when the institution deems itself insufficiently informed about the financial or personal situation of a benefits recipient.

2. The investigation is conducted by a specialized and sworn-in collaborator by a prefect.

3. The investigator decides on the means of investigation, which are proportionate to the objectives pursued. They have access to the entire file. They can require all relevant documents, particularly from the beneficiary, employers, or other third parties likely to hold information.

4. The results of the investigation are recorded in a report. Before making a decision, the institution communicates the conclusions of the investigation to the beneficiary, allowing them a period to make a determination. The investigation report is added to the beneficiary's file.

5. Furthermore, the provisions on investigations contained in the Social Action Law apply by analogy, with the exception of those related to missions and cross-sector investigations ordered by the department in charge of social affairs.

1. The recipient of assistance must cooperate with the institution.

2. Asylum seekers must make every effort to improve their situation and no longer depend on the assistance provided in cash or in kind by the institution, failing which, after a warning, they may be subject to a sanction within the meaning of Article 69 of the present law.

3. The institution shall, in accordance with Articles 38 and 39 of the present law, ensure to assist asylum seekers and recipients of assistance in completing a training program and finding remunerated employment.

1. Assistance to asylum seekers is granted on a subsidiary basis.

2. As soon as the recipient of benefits earns an income or receives social insurance or third-party benefits, they are required to financially contribute to the coverage of the services provided to them by the State or the institution.

1. Unduly Provided Assistance to Asylum Seekers Must Be Reimbursed.

2. Reimbursement cannot be demanded if the asylum seeker acted in good faith and if it would place them in a financially difficult situation.

3. When it is determined that benefits have been unduly provided, the institution sets the amount to be reimbursed and claims it from the concerned individual through a formal decision.

4. The enforceable decision of the institution is equivalent to an enforceable judgment within the meaning of Article 80 of the Federal Act on Debt Collection and Bankruptcy [I].

1. The obligation of restitution is subject to a prescription period of ten years from the day when the last benefit was provided.

2. When a beneficiary has misled the competent authority about their financial situation, the right to reimbursement is subject to a prescription period of one year from the day the competent authority became aware of it, but in any case, ten years from the granting of the undue benefit.

3. When the beneficiary has continuously or repeatedly misled the competent authority about their financial situation, the right to reimbursement is subject to a prescription period of ten years from the day the last undue benefit was provided.

1. The asylum seeker who has filed or files a claim for social or private insurance benefits or for advances on alimony payments must inform the establishment without delay. If insurance benefits are granted retroactively, the beneficiary is required to reimburse the benefits received under assistance during the relevant period.

2. The establishment is subrogated to the rights of the asylum seeker up to the amount of the cost of the benefits it has provided.

1. Asylum seekers are generally accommodated in reception centres or apartments.

2. In the event of a massive and unexpected influx of asylum seekers, in order to accommodate the persons referred to in Article 2, the department in charge of asylum may

a. have temporary reception centres installed or constructed;

b. order the opening of civil protection shelters. In principle, asylum seekers should not stay more than six months in such a structure. Women, minors, and persons with health issues are generally not accommodated there.

3. In the case provided for in paragraph 2 letter a, the building permit is issued by the department in charge of spatial planning. The provisions of the Spatial Planning and Construction Act relating to building permits are furthermore applicable.

4. The department in charge of spatial planning may, if necessary, grant temporary derogations from the provisions of the LATC, its implementing provisions, and municipal regulations for a period of five years, which may be extended once by three years, concerning

a. the use of existing buildings;

b. construction standards;

c. the zoning, provided it is a building zone within the meaning of Article 15 LAT.

4bis. The absolute period of eight years referred to in paragraph 4 applies from the entry into force of this Act. Applications for temporary derogations pending with the department in charge of spatial planning at the time of the entry into force of this Act shall be processed according to the new law. Those granted under the old law may be renewed for a period of up to three years, which may be extended for a cumulative maximum period of eight years.

5. Decisions taken under paragraphs 3 and 4 shall ensure the safety and healthiness of persons.

6. The department in charge of spatial planning issues the occupancy permit.

7. The Establishment shall consult the concerned parties beforehand, particularly the municipalities, regarding projects for temporary reception centres.

7bis. The Establishment shall coordinate with the concerned municipalities during the implementation of the opening of temporary reception centres.

8. Decisions of the department in charge of spatial planning are subject to appeal. Any appeal shall not have suspensive effect.

9. Paragraphs 3 to 8 also apply if, following a massive and unexpected influx of asylum seekers, the canton or municipalities are compelled to install or construct temporary school infrastructures. In such cases, the positive opinion of the department in charge of education is required.

1. Municipalities with more than 2,000 inhabitants must cooperate with the institution in seeking accommodation options within their territory.

2. In exceptional cases, the institution may, with the consent of the department, seek the cooperation of municipalities with less than 2,000 inhabitants.

1. The accommodation of asylum seekers is subject to a decision by the establishment.

2. The decision specifies the location, the start and the end of the accommodation, as well as its conditions.

1. When the assistance ends, the institution may, by decision and subject to compensation, extend the duration of the accommodation for up to three months.

2. The institution may evict persons who remain on the premises despite the end of the accommodation relationship. It may call upon public authorities if necessary.

3. For the entire duration of the occupancy of the premises, the relationship between EVAM and the occupant remains governed by the present law.

1. During the entire duration of the accommodation, the establishment ensures that the use of the premises it provides complies with zoning and building legislation, as well as the accommodation decision. To this end, it is authorized to carry out inspections.

2. Unannounced visits to the premises are possible.

1. The institution ensures the monitoring of the reception centers it manages. It may delegate this task to a third party.

2. In the event of disturbance or suspicion of a criminal offense within a reception center or premises it provides, the institution may call upon law enforcement to ascertain the facts and restore order.

1. The department in charge of health enters into agreements with one or more insurers regarding the affiliation to health and accident insurance of asylum seekers who are partially or totally assisted.

2. In the absence of an agreement, it ensures the affiliation of asylum seekers with one or more insurers authorized to operate in the canton in accordance with Article 13 of the Federal Health Insurance Act [K].

3. It may entrust the affiliation and management of the resulting files to a third party.

1. The institution represents asylum seekers within the mandatory health insurance affiliation system. In this capacity, it must ensure that they are insured and report to the insurer or the designated third party, in accordance with the previous article, all changes in circumstances affecting insurance conditions, as well as any accidents occurring within the population it assists.

1. The department responsible for health organizes the medical care of asylum seekers.

2. It may delegate this task to third parties.

1. The department responsible for health organizes asylum seekers' access to service providers.

2. It may, in particular, establish networks of nursing care and primary care physicians to whom asylum seekers must refer in the event of illness or accident.

1. The establishment provides social support to asylum seekers.

2. In this capacity, it notably offers the following services

- information on the rights and duties of asylum seekers upon their arrival in the canton;

- integration assistance;

- help and advice in resolving particular problems;

- assistance in job searching.

1. The establishment may organize occupation and training programs for asylum seekers.

2. The latter participate according to their needs and abilities, as well as the availability offered by the occupation and training programs.

1. The institution may grant other benefits in kind to asylum seekers, in accordance with the assistance standards set by the Council of State.

2. These benefits notably include the provision of clothing or furniture to the persons concerned.

**1. When assistance ends, the institution may require the return of certain in-kind benefits it has provided.**

1. Financial benefits are generally provided in the form of lump sums.

2. Additional benefits may be provided to cover specific expenses related particularly to the applicant's health condition or family situation.

1. Any person who disposes of their assets and consequently finds themselves in destitution may be denied any financial benefits or may only receive reduced benefits.

1. Subject to the provisions of this title, unaccompanied minors are entitled to the same assistance benefits as asylum seekers.

1. The institution manages, in compliance with the requirements of the International Convention on the Rights of the Child [L], facilities suitable for the care of unaccompanied minors placed by the Office of Professional Guardianships and Trusteeships, regardless of their status.

1. In the execution of its mission to assist unaccompanied minors, the institution collaborates with the Office of Professional Guardianships and Trusteeships and the department in charge of youth protection [M].

1. The department promptly notifies the competent child protection authority of the arrival of an unaccompanied minor in the canton. It also informs the Office of Professional Guardianships and Trusteeships.

1. For the remainder, the law on the protection of minors [N] applies to unaccompanied minors.

1. Persons residing illegally within the territory of Vaud, asylum seekers referred to in Articles 111b and 111c of the Asylum Act of June 26, 1998 (LAsi), as well as nationals of the EU or EFTA member states who are not entitled to social assistance pursuant to Article 61a paragraph 3 of the Federal Act on Foreign Nationals and Integration of December 16, 2016 (LEI), are entitled to emergency assistance if they are in a state of distress and unable to provide for their own maintenance.

1. The department decides on the granting of emergency aid.

2. The institution executes the decisions rendered by the department in this area.

1. The individuals referred to in Article 49 must report to the department.

2. The department may take any necessary measures to identify these individuals, including taking their fingerprints.

1. Articles 22 to 27 of LARA apply by analogy to emergency assistance.

1. The department executes the return assistance measures decided by the Confederation.

2. It may also establish cantonal programs or participate on behalf of the canton in inter-cantonal programs in this domain.

3. In carrying out these tasks, it may collaborate with international, governmental, or non-governmental organizations.

1. Return Assistance Programs under the Meaning of the Previous Article May Cover All Persons Addressed by This Law.

1. The department verifies and forwards the grant applications and statements to the federal authorities.

2. It collects the full amount of subsidies granted to the canton in accordance with the LAsi [A] and distributes them among the various entities that perform the tasks for which the subsidies are awarded.

1. The institution receives an annual subsidy composed of

- the share of federal subsidies related to the tasks entrusted to it;

- a cantonal subsidy intended to finance tasks not financed by the Confederation.

1. The subsidy covers

- financial benefits provided by the institution to individuals entrusted to its care;

- costs related to accommodation and supervision directly linked to the provision of services by the institution;

- operating expenses of the institution.

1. The subsidy is granted on the basis of an agreement concluded annually between the Council of State and the institution.

2. If the parties fail to reach an agreement, the subsidy is determined by a decision of the Council of State.

1. Based on the information provided by the Confederation, the department annually communicates to the institution an estimate of the number of persons it will have to assist or support for the upcoming year.

1. Based on the forecasts provided by the department, the institution submits an estimate of all its expenses to the State Council as defined in Article 56.

2. The expenses referred to in Article 56, first indent of the present law, are calculated by the department based on the anticipated number of asylum seekers and the assistance standards.

3. The portion of the subsidy covering the expenses referred to in Article 56, second and third indents of the present law, is determined in agreement with the institution, particularly in light of its most recent accounts.

4. The institution is required to provide any necessary information and documents for the department's review of its proposal.

1. At the beginning of each quarter, the institution shall submit to the department a report detailing its staff, its real estate assets, and the individuals to whom the institution has provided assistance or emergency aid.

2. On this basis, the department shall periodically disburse to the institution an amount enabling it to cover the expenses mentioned in Article 56.

1. If the number of individuals actually assigned to the institution differs from the number determined by the department for subsidy calculation, the subsidy may be adjusted during the year.

2. The adjustment takes place immediately for the expenses referred to in Article 56, first indent.

3. For the expenses mentioned in Article 56, second indent, the agreement sets out the terms of adjustment, particularly the rate of variation beyond which an adjustment is required and the timeframe within which it must occur.

4. The subsidy related to the expenses referred to in Article 56, third indent is not adjusted during the year.

1. Any potential profit or deficit recorded in the accounts of the establishment is allocated to an equalization fund.

2. The Grand Council sets the initial endowment of said fund by decree.

3. If the amount in the fund exceeds 5% of the subsidy for the current year, the excess is paid to the State.

4. The deficit of the fund is covered by the State, in addition to the annual subsidy.

1. Expenses and revenues incurred for the hospitalization of individuals who receive emergency assistance under this law are distributed between the State and the municipalities according to the principles established in the law on the organization and financing of social policy [O].

1. The Council of State adopts the budget and the accounts of the establishment.

2. In the context of adopting the accounts, the Council of State is provided with the report prepared by the auditing body of the establishment.

1. The institution shall report periodically, but at least twice a year, to the department on its activities and on the use of the grant.

2. In this context, it shall notably present

- a statement on the adaptation of its structures to variations in the number of persons entrusted to it;

- a statement on the use of the institution's budget and the grant awarded as of a given date.

3. The grant agreement shall govern the terms and periodicity for the submission of the report. It shall be subject to regular evaluation by the department.

1. Article 30 of the Law on Subsidies [P] is not applicable to the subsidy granted to the establishment.

1. To fulfill the tasks incumbent upon it under this law, the institution may process or have processed personal data necessary for the performance of its tasks, including sensitive data and personality profiles.

2. To fulfill the tasks incumbent upon it under this law, the institution has access to the necessary data processed by federal and cantonal authorities concerning individuals to whom it provides emergency aid or assistance, including sensitive data and personality profiles.

3. The institution may process and collect the following sensitive data, only to the extent useful for the performance of the tasks incumbent upon it under this law

a. data related to the asylum procedure;

b. data relating to the intimate sphere of the person, meaning data that a person discloses only to close relatives, due to their strong emotional connotation;

c. data relating to prosecutions;

d. data relating to the prosecution, perpetration, and repression of offenses, as well as criminal or administrative sanctions;

e. data relating to individual measures and aid arising from social legislation;

f. data related to ethnic origin;

g. data relating to political or religious activities;

h. data related to the beneficiary's psychological, mental, or physical state;

i. data relating to guardianship, curatorship, or placement measures.

4. The implementing regulation of this law sets out implementing provisions. It defines in particular

a. the categories of personal data processed;

b. access rights;

c. technical and organizational security measures designed to prevent the processing of data by an unauthorized third party;

d. data retention periods;

e. data archiving and erasure;

f. the modalities of EVAM's access to the data provided for in paragraph 2.

1. The institution communicates to the federal and cantonal police authorities for foreigners and asylum the data necessary for the fulfillment of their legal duties, including sensitive data and personality profiles.

2. It transmits to other cantonal and municipal authorities dealing with beneficiaries the data necessary for the fulfillment of their duties, including sensitive data and personality profiles.

3. Access via appeal procedure to the computerized data managed by the institution may be granted to the aforementioned authorities.

4. The sensitive data that may be communicated by the institution are listed in Article 68a, paragraph 3 of this Act.

5. The implementing regulation of this Act defines the cantonal and municipal authorities mentioned in paragraph 2 and regulates the procedures for applying the appeal process.

1. The establishment is not required to inform the individuals concerned of the communication and processing of the data referred to in Articles 68a and 68b of this law.

1. Data is processed confidentially.

2. Furthermore, the law on the protection of personal data applies to the processing of data by the establishment.

1. Assistance for asylum seekers and unaccompanied minors may be modified, limited, or reduced to emergency aid in the cases provided for by the Asylum Act [A].

2. Emergency aid cannot be reduced.

1. The institution is competent to pronounce the sanctions provided in the previous article.

1. Anyone who contravenes the provisions of this law or its implementing provisions shall be liable to a fine of up to ten thousand francs, unless it constitutes a crime or offense subject to a heavier penalty.

2. These infractions are punished in accordance with the law on misdemeanors and the Penal Code.

1. Decisions made by the director or by a senior executive of the institution under this law may be contested by filing an objection with the director of the institution.

2. The objection must be submitted in writing within ten days of notification of the decision.

3. The director shall rule on the objection without undue delay.

1. Decisions on opposition made by the director of the establishment may be appealed to the department.

1. Furthermore, the law on administrative procedure [Q] applies to decisions made pursuant to this law, as well as to appeals against said decisions.

1. The institution shall assume the assets and liabilities of the Vaud Foundation for the Reception of Asylum Seekers (FAREAS) as of January 1, 2008.

2. For the years 2006 and 2007, the powers assigned to the institution by this law shall be exercised by FAREAS.

3. During this period, Article 17 and Titles VII to X of this law shall apply to FAREAS.

4. The Council of State shall appoint the director of FAREAS, the supreme body of the latter.

1. This law shall be subject to evaluation within 5 years from its entry into force.

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 determine, by decree, the date of its entry into force.