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176.1 CH-VS

Act on the Registration of Residents - Purpose

16 Articles / Provisions · Switzerland · Canton of Valais
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Table of Provisions (16)

Statutory Text (16 Articles)

General Provisions

1. This Act aims to establish the provisions regarding the control of residents.

2. It sets forth the necessary rules for maintaining the municipal registers for resident control.

General Provisions

1. This law applies to Swiss and foreign nationals who are settled or residing in a municipality of the canton.

2. The special provisions regarding the residence and settlement of foreigners remain reserved.

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

General Provisions

1. Every person must have a domicile according to the provisions of the Swiss Civil Code.

2. A person can only have one domicile and therefore can be settled in only one municipality.

3. A person has their domicile and therefore their settlement in the municipality where they have deposited the required documents.

General Provisions

1. A person has residency in a municipality if they reside there for a specific purpose without the intention of remaining permanently for at least three consecutive months or three months within a year, particularly for the purpose of attending an educational institution or school, or for being housed in an educational, care, medical, or correctional facility.

Jurisdiction

1. Municipalities must exercise control over individuals who settle or reside within their territory. To this end, the municipal council designates an office responsible for population control.

2. The municipal office for population control carries out this task and specifically holds the following responsibilities

a) it maintains the register of individuals who settle or reside in the municipality's territory;

b) it receives and registers notifications of moves to or from the area, address changes, changes in civil status, and personal situations;

c) it retains the necessary identification documents and returns them to the holders upon departure;

d) it ensures that all concerned individuals fulfill the obligations imposed on them by the present law and conducts the necessary checks. If necessary, it can request the support of public authorities for this purpose.

Jurisdiction

1. The competent department exercises supervision over the resident registration office through the Population and Migration Office.

2. The supervisory authority has, in particular, the following competencies

a) it supervises the heads and ensures their training;

b) it issues the necessary guidelines and instructions.

3. If determining the residence of a person is difficult, the supervisory authority decides, adhering to the provisions of the Swiss Civil Code and legal precedents.

Reports

**1. A person who establishes residence in a municipality must register with the resident control office within 14 days. They must also deposit their certificate of origin or a similar civil status document in exchange for a receipt. Foreign nationals must present an identity document and, if applicable, their residence or settlement permit.**

**1bis. If the person registers electronically, the municipality from which they are departing is responsible for the postal delivery of the certificate of origin or the analogous document to the new municipality.**

**2. If a person stays in a municipality of the canton for more than three consecutive months or accumulatively over a year without intending to settle there, they must register with the resident control office within 14 days. They must present an official identification document indicating they are maintaining their residence in another municipality. After one year, or at the latest, when this document expires, they must provide new confirmation from the municipality of residence.**

**3. A person who has settled or is staying in a municipality must report their departure and destination in person or electronically when leaving that municipality.**

**4. Any person who is settled or staying in a municipality and changes address within the municipality must report this change to the resident control office within 14 days.**

**5. Changes in name and civil status that occur abroad must also be reported. In the event of changes to name, civil status, and place of origin, new documents must be submitted.**

Reports

1. Registration is carried out in person or electronically at the residents' registration office. Adults must appear in person unless they are exempted for valid reasons or have registered electronically.

2. The registration of the spouse, registered partner, and the holder of parental authority applies to the spouse, registered partner, and minor children, as long as these persons live in a common household.

3. The registration of persons under guardianship is the responsibility of their legal representative.

4. The management of communal households ensures that the individuals living in their institution are registered with the residents' registration office; if necessary, they report the arrival on behalf of the concerned individuals.

5. The State Council issues regulations concerning, in particular, the technical specifications, organizational modalities, and applicable format for the electronic exchange of data in the field of notifications to ensure their security.

Reports

1. Every resident subject to registration is, if necessary, required to present all supplementary documents that may be deemed necessary for examining their case, civil status, or the composition of their family or household, namely civil status certificates, divorce decrees, separation agreements, and lease contracts.

2. The population registry may personally interview a resident, provided that certain information is required by law.

3. Obliged to provide the population registry with information about registrable persons upon request and free of charge are

a) employers, for their employees;

b) property managers, for tenants who occupy their apartments and buildings and move in and out;

c) public hospitality establishments, subject to the relevant provisions of the law governing accommodation and catering;

d) hosts, for persons living in their household.

4. The postal service shall provide the addresses of individuals who do not comply with their obligations under Article 7 of this law to the population registry offices upon request and free of charge.

Reports

1. The disclosure of data from the population registry is regulated by data protection legislation.

Reports

1. If, despite a reminder, the necessary documents for the registration of a resident are not submitted and the resident registry office has received a notice of departure from the previous municipality of residence, it may register the person in question on their behalf.

2. If a person leaves their municipality of residence without reporting their departure, and the new residence is known, the departure will be registered following a reminder, and their identification documents will be forwarded to the new municipality of residence.

3. If the new residence is unknown, the municipality may officially register the departure ex officio after six months.

4. The resulting costs shall be borne by the affected individual.

4. Further Provisions

1. Fees may be charged for the administrative activities carried out by the resident registration office.

2. The fees are determined by the municipal council.

4. Further Provisions

1. Violations of the provisions of this law shall be punished with a fine of up to 500 francs.

2. The fines shall be imposed by the municipal council; objections can be raised against them.

3. An appeal can be filed with the Cantonal Court against the decision on the objection.

4. Further Provisions

1. Decisions made pursuant to this law may be appealed to the State Council.

2. The procedure is governed by the Law on Administrative Procedure and Administrative Justice of October 6, 1976.

Final Provisions

1. Article 5 of the Act on Integration and Social Assistance of March 29, 1996, is repealed.

2. Article 2, paragraphs 1 and 2, of the Implementing Regulation for the Act on Integration and Social Assistance is repealed.

Final Provisions

1. This Act is subject to an optional referendum.

2. The State Council determines the commencement of this Act.

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