Act on Valais Citizenship - Scope

1. The present law establishes the conditions for the acquisition and loss of cantonal and municipal citizenship and contains the provisions regarding the application of federal law.

2. ...

3. In this law, every designation of a person, status, or function applies equally to both men and women.

1. The Grand Council grants the cantonal citizenship and the Municipal Council grants the municipal citizenship. The municipal organizational regulations may transfer this authority to the municipal legislative body.

2. The competent authorities shall decide with full review authority within the framework of this present law.

1. No one can acquire the cantonal citizenship without simultaneously being a citizen of a municipality within the canton.

2. No one can be a municipal citizen without simultaneously possessing cantonal citizenship.

3. Municipal citizenship granted to a foreigner or Swiss citizen can only be acquired after the granting of cantonal citizenship.

4. The loss of cantonal citizenship results in the loss of municipal citizenship and community citizenship.

5. ...

**1. To apply for admission to the citizenship of a commune in the Canton of Valais, a foreigner must:**

a) * have resided in the commune where the application is submitted for three years and generally maintain residency in this commune during the process; this condition is considered fulfilled in the case of a total stay of three years in two different communes, provided the second commune of residency obtains a preliminary opinion from the first;

b) * possess sufficient knowledge of one of the two official languages of the canton;

c) * be integrated into the Valais community;

d) * provide sufficient proof of good conduct;

e) * be familiar with Swiss customs, traditions, and practices;

f) * accept and respect the constitutional principles and the Swiss legal order.

**2. To apply for admission to the citizenship of the Canton of Valais, a foreigner must additionally:**

a) * have been domiciled in the canton for five years;

b) * have obtained the citizenship of a Valais commune;

c) * be in possession of a federal naturalization permit.

1. To apply for citizenship of a Valais municipality, a Swiss citizen must

a) * have been a resident of the municipality where the application is submitted for at least one year;

b) provide sufficient proof of good conduct.

c) * ...

2. To apply for citizenship of the Canton of Valais, a Swiss citizen must additionally

a) * have been domiciled in the canton for five years;

b) * have obtained the citizenship of a Valais municipality.

1. The applicant submits a personal application.

2. The regulations stipulate the conditions for submitting the application.

3. The application is submitted to the Grand Council by the State Council only when the conditions set forth in Articles 3 or 4 are fulfilled.

1. The cantonal and municipal authorities may impose a clerical fee for their decisions.

1. After naturalization, the new citizens of Valais, with the exception of Swiss citizens, take the oath before the representatives of the Council of State.

1. Women who married before January 1, 1988, and lost their municipal citizenship and cantonal citizenship due to their marriage to a Swiss citizen, may, upon request, be reinstated in their former municipal citizenship and cantonal citizenship by decision of the competent department (hereinafter: Department). They thus also acquire the corresponding municipal citizenship rights.

2. Women who married before January 1, 1988, and lost their municipal citizenship due to their marriage to a cantonal citizen, may, upon request, be reinstated in their previous municipal citizenship by decision of the Department. They thus also acquire the corresponding municipal citizenship rights.

3. The affected municipal and citizen communities shall be consulted.

1. When a Valais citizen is granted citizenship rights, they also acquire the municipal citizenship of the corresponding municipality.

1. The dismissal shall be pronounced by the department. The affected municipalities shall be heard.

1 Any person has the right to be released from the citizenship of the Canton of Valais and the municipal citizenship upon request, provided they hold the citizenship of another canton.

2 The decision is made by the Department. The affected municipal communities shall be heard.

1. Any person who holds the municipal citizenship rights of multiple municipalities within the canton may renounce one or more municipal citizenship rights, provided they prove the intention to retain at least one of them.

2. The decision rests with the Department. The affected municipalities shall be heard.

3. The release from a municipal citizenship right includes the loss of the citizenship right of the respective municipality.

1. The applicant submits a personal application.

2. The regulations stipulate the conditions for submitting the application.

1. The department is authorized to declare the nullification of the naturalization or re-naturalization of a foreigner pursuant to Article 41 paragraph 2 of the Citizenship Act (BüG).

1. After hearing the affected municipal communities, the department may, within the same time period provided in the federal law, declare the naturalization of a Swiss citizen null and void if it was obtained through false information or concealment of significant facts.

2. In the absence of an express provision to the contrary, the declaration of nullity of the cantonal and municipal citizenship rights also extends to the family members who acquired these rights based on the annulled decision.

1. If it is questionable whether a person possesses Swiss nationality and cantonal citizenship, the competent authority investigates the matter and consults the relevant municipality or municipalities. The decision-making power lies with the Department.

2. If a person claims to possess the municipal citizenship of several Valais municipalities and if the possession of any of these municipal citizenships is questionable, the relevant municipality decides ex officio or upon request of the concerned person or the Department.

1. In principle, the registration in the civil status register constitutes proof of the acquisition and existence of citizenship rights.

1. The foundling shall become a citizen of the municipality of the canton of Valais in which it is found, as well as of the canton of Valais.

2. If parentage is established, the minor child shall lose the cantonal and municipal citizenship acquired in this manner.

1. Appeals against decisions denying the granting of municipal citizenship or cantonal citizenship may be filed with the Cantonal Court.

2. The rejecting decisions of the municipality and the Grand Council are summarily justified. The applicant may request a reasoned decision to be delivered within 30 days. The appeal period begins with the delivery of the reasoned decision.

3. Decisions made pursuant to this law and its regulations, which fall under the jurisdiction of the department, can be appealed to the Council of State.

4. Otherwise, the procedure is governed by the law on administrative procedure and administrative justice.

1. The department is the cantonal authority entitled to lodge a complaint against decisions of the Federal Department of Justice and Police.

2. The municipal council is the authority entitled to lodge a complaint on behalf of the municipal community (Art. 51 BüG).

1. The powers delegated to the cantonal authority by federal law shall be exercised by the competent department.

2. Exceptions shall be made for contrary provisions explicitly mentioned in the present law.

1. Repealed are

a) the Law on Granting Cantonal Citizenship of November 17, 1840;

b) the Implementation Decision of December 31, 1952, regarding the Federal Law on the Acquisition and Loss of Swiss Citizenship of September 29, 1952;

c) Article 11, Number 4 and Article 12, Number 4 of the Decree on Civil Status Matters of June 20, 1972.

1. Upon coming into force, this law shall apply to all applications.

1. This Act is subject to the optional referendum.

1. The State Council determines the entry into force of the present law.