Rs 616.1 Federal Law Of 5 October 1990 On Financial Assistance And Allowances (Law On Subsidies, Lsu)

Original Language Title: RS 616.1 Loi fédérale du 5 octobre 1990 sur les aides financières et les indemnités (Loi sur les subventions, LSu)

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616.1 Federal law on financial aid and allowances (law on subsidies, LSu) October 5, 1990 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, given the competence to Confederation, under the Constitution, to allocate financial aid and benefits, view the art. 64 of the constitution, given the message of the federal Council on December 15, 1986, stop: Chapter 1 purpose, scope and definitions article 1 purpose this law subordinates the granting of financial aid (aid) or compensation by the Federal Government for all of its field of competence in the following conditions: a. the aid or compensation are sufficiently motivated; (b) the purpose to which they tend will be reached economically and efficiently; c. they are allocated according to uniform and fair principles d. they are fixed in accordance with the requirements of policy financial; e....

This Act defines the applicable legislation principles and sets out the General provisions governing the various aid and compensation plans.

Repealed by section II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 2 scope of application this Act applies to all financial aid (aid) and allowances provided for by federal law.
Chapter 3 shall apply unless otherwise provided to other laws or federal decrees of general scope.
Chapter 3 applies by analogy to the aid and allowances which are not allocated in the form of cash benefits to fund lost, insofar as this is compatible with the purpose of benefits.
However, section 3 does not apply: a. to the services provided to foreign States or to recipients of financial assistance or other support measures referred to in art. 19 of the law of June 22, 2007, on the host State, excluding international organizations not gouvernementales.b. benefits provided to institutions headquartered abroad.

New content according to section II 4 of the annex to the Act of June 22, 2007, on the host State, in effect since Jan. 1. 2008 (RO 2007 6637; FF 2006 7603).
RS 192.12 art. 3 definitions are of financial aid (aid) the marketable benefits granted to beneficiaries outside the Federal Government for the purpose to ensure or to promote the achievement of a task as the recipient decided to assume. The marketable benefits can take in particular the following forms: cash benefits to fund lost, preferential terms granted in loans, bonds as well as benefits in kind and services provided free of charge or at advantageous conditions.
Are allowances granted to foreign to Federal beneficiaries and benefits intended to mitigate or compensate for the financial burdens arising from the accomplishment: a. task prescribed by federal law; b. public law duties delegated by the Federal Government.

Chapter 2 normative acts governing subsidies and allowances Section 1 General art. 4 respect for the principles of the federal Council and the administration comply, in the development, promulgation and revision of normative acts governing the aid and allowances, to the principles defined in this chapter.

Art. 5 periodic review the federal Council examines periodically, at least every six years whether legislative acts governing the aid and benefits are consistent with the principles of this chapter.
The federal Council reported to the Federal Assembly on the findings of these reviews, including: a. in messages by which it offers: 1. the adoption of credit commitment or spending limits, 2. the amendment of provisions on subsidies;

b. in the message about the State accounts.

The federal Council proposed to the Federal Assembly of the legal changes and shall adapt its orders accordingly.

New content according to No 3 of the annex to the LF Sept. 26. 2014 (new management model of the federal administration), in force since Jan. 1. 2016 (2015 1583 RO; FF 2014 741).
New content according to No 3 of the annex to the LF Sept. 26. 2014 (new management model of the federal administration), in force since Jan. 1. 2016 (2015 1583 RO; FF 2014 741).

Section 2 normative acts governing financial aid art. 6 preconditions legal aid provisions may be laid down when: a. the task responds to the interests of the Confederation; b. According to the criteria for a fair distribution tasks and expenses between the Confederation and the cantons, should not perform or promote the task in question alone; c. the task cannot be duly accomplished without financial assistance from the Confederation; d. have been the efforts of cash flow that can be expected of the applicant and all other funding opportunities have been exhausted; e. the task can be accomplished in a simpler way more effective or more efficient.

New content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 7. other conditions the legal provisions governing aid must provide that: a. the task can be carried out at the lowest cost and with the minimum of paperwork; b. the amount of the help is a function of the interest of the Confederation as well as the interest of the beneficiaries to achieve; c. the recipient is required to provide his side a clean delivery corresponding to its economic capacity; d. the recipient takes full advantage of its own resources and others sources of funding at its disposal; e. the aid is being fixed as global or flat, as this method of calculation allows to achieve the objective and to ensure the fulfilment of the task of economically; f. start-up aid, redevelopment or relay, limited in time, are as much as possible planned; g. they are not generally aid in the form of tax breaks; h. can be as much as possible take into account the imperatives of politics financial, including tying the grant of benefits to the volume of available appropriations and by setting the rate ceilings; i. Financial assistance to the cantons may be granted in the context of programme agreements and be set as global or flat.

New content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by the c. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. Additional financial 8Aides of the cantons cantons that complement the benefits of Confederation generally participate in the execution. It is through them that applications are made and that financial aid is paid. The activity of the authorities concerned is coordinated so as to avoid multiple administrative procedures.

New content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Section 3 normative acts governing allowances art. 9 prerequisites the legal provisions for compensation may be made when: a. one to whom the task has no overriding personal interest to the accomplishment of the task; b. could not require those to whom the task that they themselves bear the financial burden. and listen to me. the benefits of the task do not offset interest expenses.

The legal provisions providing for compensation for the cantons or their local law can be enacted when: a. the federal law governing the delegation tasks merely not simple framework legislation; b. the cantons are called to perform tasks that go beyond the mere execution of federal provisions; c. the cost of the tasks can not be laid largely at the expense of beneficiaries or people who made the extent necessary; d. Compensation must be paid in the context of programme agreements between the Confederation and the cantons.

New content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 10. other conditions the legal provisions governing allowances must provide that:


a. the task can be completed at the lowest cost and with the minimum of paperwork; (b) the amount of compensation is function of the interest of those who is responsible for task and the advantages inherent in the fulfilment of this; c. allowances are set as global or flat, as this method of calculation allows to reach the goal and ensure the fulfillment of the task in a cost-effective way; d. can as far as possible take into account the imperatives of financial policy, including in subordinating the granting of benefits to the volume of available appropriations and fixing ceiling rates; e settled the consequences: 1. the failure or fulfillment defective task; 2. decommissioning or disposal of assets in respect of which payments are made for a specific use.

The preparation of legal provisions for compensation for the cantons or for their local communities in public law, must in addition ensure: a. take into account in the calculation of the indemnity the margin of my canton in terms of policy-making and decision, and the possibility for beneficiaries and those who have made as necessary to participate in costs; b. predict as a rule generally, the granting of compensation in the context of a convention program and fix this way comprehensive or flat-rate allowance; c. provide for the payment of compensation to the canton, even when it entrusts the task to a third party.

New content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Chapter 3 General provisions applicable to the aid and allowances Section 1 eligibility and calculation of aid and allowances art. 11 query; duty to provide information aid and allowances are granted upon request.
The applicant is required to provide all the necessary information to the competent authority. It must be allowed to consult the records and give him access to the premises.
The obligations set out in para. 2 remain even after the grant of aid or compensation, so that the competent authority may operate the necessary controls and clarify the cases of restitution.
The federal Council regulates the protection of data.

Art. 12 multiple services when benefits needed for a project meets the conditions of several legislative acts, the aggregate expenditure is distributed according to the interests at stake. Subsidies and allowances are allocated proportionally. If this is not possible or inappropriate, the provision is allocated to the title of the normative act that corresponds best to the task to subsidize.
If several authorities grant benefits for a same project, coordination of the proceedings is in principle the authority which will likely be called to allocate aid or the highest compensation. This authority will ensure in particular to ensure respect for the provisions of para. 1. one who, for a single project, seeks benefits under several normative acts inform the authorities concerned. If he fails to do so, the aid or unduly affected allowances may be claimed.

Art. 13 order of priority this section is applicable in all cases where, under special legislation, grants and allowances are granted only within the limits of appropriations or when the applicant cannot claim any right to assistance.
If presented or predictable demands exceed available resources, relevant departments will there an order of priority for the assessment of applications. The federal Council may decide that some priority orders will be subject to its approval.
The cantons are heard before the establishment of the order of priority, when it AIDS or benefits which they are the sole beneficiaries or for which they provide additional benefits.
Priority orders are brought to the attention of the interested circles.
The competent authority rejected by decision applications for financial assistance which can only be accepted within a reasonable time due to the order of precedence.
However, claims that cannot yet be accepted due to the order of precedence are carefully considered by the competent authority. If the required conditions are met, the competent authority allocates a benefit on a provisional basis; It also sets the time required for the final decision.

Art. 14 taking into account expenses are taken into account that spending actually supported and provided that they were absolutely necessary to an appropriate task accomplishment.
The interests of capital are not factored when the benefits are granted for construction.
For what relates to the aid and allowances to cover deficits, the calculation of key financial results of the company is subject to the following rules: a. depreciation are taken into account that as that they exceed not customary in the branch rates; b. depreciation on investments that were partially funded by aid or compensation for lost funds are taken into account only for the portion that exceeds these benefits.

Art. 15 extra charge authority must not exceed the ceiling set by way of decision or a contract (art. 17, para. 1, second sentence, and 20, al. 1) if additional costs are attributable to changes permitted project, an actual increase or other unavoidable factors.

Section 2 grant of the aid and benefits art. Legal 16Forme grants and allowances are usually allocated by decision.
A public contract may be concluded: a. when the competent authority enjoys a large margin of appreciation; b. when, in case of financial assistance, it is desirable to exclude that the recipient unilaterally waive the fulfilment of its task.

Subsidies and allowances are usually allocated to the cantons on the basis of programme agreements.
Benefits for a large number of beneficiaries can be allocated without formal decision or contract.
The rejection of an application shall be the subject of a decision.

New content according to section I 2 of the Federal ACT of June 22, 2007 on the implementation of the reform of financial equalisation and Division of tasks between the Confederation and the cantons, in force since Jan. 1. 2008 (2007 5953 RO; FF 2007 597).

Art. 17 decision: a. the competent authority principle indicates in its decision the legal basis and the nature and amount of assistance or compensation. If the amount cannot be fixed, the authority shall determine, in the light of the documents submitted, costs that may be taken into account, the percentage of participation and its maximum amount.
In the absence of legal requirements in this area, the authority fixed in addition: a. the term provided for the payment of aid or compensation, subject to art. 23; b. the duration of assignment of property for which assistance or compensation is paid;

When the authority makes a decision before that the recipient has completed its task, it sets in addition: a. the terms of the task at hand; (b) the time limit for the accomplishment of the task (start and end); c. all expenses required to ensure the best possible use of the delivery and the proper performance of the task on time and at the lowest cost.

Art. 18 b. later Fixation of the final amount if it has not fixed the amount final delivery in the decision opening the right to assistance or compensation, the competent authority fixed once it will have been informed of the count and without a new decision.
If the decision opening the right to assistance or compensation does not all data necessary for the calculation of the final amount of the benefit, the authority sets in a new decision the missing or new elements to consider. Is the same for the granting of aid or compensation of additional costs provided for in art. 15 art. 19 contracts: a. principle the validity of the contract is subject to respect for the written form. Art. 16, al. 3, is reserved.
At the end of the talks, the authority addressed to the applicant a proposal on the basis of art. 17 or art. 20 and he sets a deadline to accept the contract. If the proposal refers to a convention program and if it affects the interests of the Commons, the canton shall submit it for review to the municipalities concerned.
The proposal is notified to the applicant and the third skills to use. Like this they require a decision subject to appeal within 30 days.

Currently 'art. 16, al. 4"new content according to ch. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 20. content of the proposal and subsequent determination of the final amount art. 17 applies to the content of the proposal.

Art. 18 apply to the later determination of the final amount. Instead of the decision under art. 18, al. 2, the authority will bring to the contract change or supplement according to the procedure laid down in art. 19 art. 20aConventions-programs programs conventions set the strategic objectives together and govern the contribution of Confederation and, in agreement with the federal control of finances, the terms of financial supervision.
The programme agreements typically span several years.
If municipalities provide services under programme agreements, the canton paid the costs, at least in height on the part of the federal contributions to the total cost.
Art. 23 does not apply to the programme agreements.

Introduced by the c. II 10 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 21 directions, counts the competent authority shall issue guidelines for the establishment of the settlements. It takes account, in doing so, the industry-specific uses.

Art. 22 grant by the cantons of benefits subject to federal law when the cantons, under the special law, aid themselves or benefits subject to federal law, the federal authorities may enact guidelines to ensure a uniform practice as well as equality of treatment in the provision of benefits.
With respect to benefits which are granted within the limits of appropriations or for which the applicant cannot assert any right (art. 13), the federal authorities lay down the financial envelope of each canton after consulting them. The cantons establish the necessary priority orders.

Section 3 payment and return of the aid and benefits art. 23 payments aid and allowances may be paid at the earliest moment where expenses appear imminent.
Before the fixing of the definitive amount of aid or compensation, 80% of the benefit may in principle be paid.

Art. 24 interest has the expiration of a period of 60 days after the term of payment, aid or compensation not paid are increased by an annual interest of 5%.

Art. 25 control of the fulfillment of the task of the competent authority ensures that the beneficiary performs the task in accordance with the provisions in the matter and that the legal conditions are met.
It may be limited to summary controls or by surveys: a. when other authorities, in particular cantonal, control key of the forgotten the source folder. When allocated benefits are periodic, comprehensive or a modest amount.

Art. 26 set starts and acquisitions the applicant cannot start of construction work or prepare acquisitions of some importance if the aid or compensation has been definitively allocated through decision or under a contract, unless it was granted temporarily or if the competent authority has allowed.
The competent authority may authorize construction or preparation of an acquisition if it is not possible to await the outcome of the review of the file without serious inconvenience. This permission gives no right to assistance or compensation.
No benefit is granted for works which have been launched and acquisitions prepared without authorization. The competent authority may, however, allow a delivery to the applicant for compensation if circumstances warrant.

Art. 27 change of projects of significant changes or extra generators can be made to projects with the agreement of the competent authority.

Art. 28 aid in case of noncompliance or accomplishment defective task so despite a demand letter, the recipient is running not the task assigned, the competent authority shall pay the aid or requires the return of the money, mortgaged to a 5% annual interest from the day of payment.
So, despite a demand letter, the recipient performs the task assigned in a defective manner, the competent authority reduced funding as appropriate or requires the return of a part of this sum, mortgaged to a 5% annual interest from the day of payment.
In the event of excessive rigors, can be waived in whole or in part to the return.
In the case of contractual support, the obligation to perform the contract is reserved.

Art. 29 aid, decommissioning, and disposal when a good real estate (building, construction and other work) or furniture for which an aid has been paid is abandoned or disposed of, the competent authority requires the restitution of aid the amount to be returned is based on the relationship between the duration during which the recipient has actually used the property in accordance with the planned allocation and, on the other hand length of assignment which had been fixed. The amount to be returned can be reduced in the event of excessive rigors.
In the case of alienation, the authority may waive in whole or in part restitution of aid when the purchaser meets the conditions which are entitle and assume all the obligations of the recipient.
The recipient shall inform without delay and in writing the competent authority of any decommissioning or disposal.

Art. 30 revocation of decisions opening the right to assistance or compensation authority revokes the decision opening the right to assistance or compensation when delivery has been allocated unduly in contravention of legal provisions or on the basis of a statement of fact, inaccurate or incomplete.
She renounced the revocation: a. If the recipient has taken, in the light of the decision, action that cannot be undone without unbearable financial loss; b. If it appears that it was difficult to detect violations of the law; c. If incorrect or incomplete facts presentation was not due to the recipient.

When she shall revoke the decision, the authority requires the restitution of benefits already paid. If the beneficiary has acted intentionally or negligently, it also collects annual interest of 5% from the day of payment.
Refunds within the meaning of art. 12 of the Federal law of March 22, 1974 on administrative criminal law are reserved.

RS 313.0 art. 31 termination of contracts for assistance or compensation art. 30 applies by analogy to contracts for assistance or compensation. Instead of revoking a decision, the competent authority terminates the contract.

Section 4 Prescription and settlement of disputes art. 32 limitation periods relating to assistance or compensation claims prescribes five years.
The right to repayment of aid or compensation prescribed by one year from the day when the decision authority or the party to the contract authority became aware, but no later than ten years after its birth.
If the recipient failed to inform the authority in accordance with art. 29, al. 3, and that the duration of use of a property has been set to more than ten years, the limitation period is equivalent to the duration of use, but it is at least 10 years from the birth of the right.
If the right is the result of a punishable act for which the Swiss penal code provides a longer limitation period, that deadline is applicable.

RS 311.0 art. 33 interruption of prescription the prescription is interrupted by any summons payment formulated in writing. She is suspended as long as the debtor can be prosecuted in Switzerland.

Art. 34 repealed by no 49 of the annex to the Act of 17 June 2005 on the federal administrative court, with effect from Jan 1. 2007 (RO 2006 2197 1069 art. 1 let. b;) FF 2001-4000).

Art. Law 35Voies of law are governed by the General provisions of the Federal procedure.
In cases where the competent authority has to decide on a large number of similar requests, the federal Council may provide that decisions are subject to opposition.

New content according to Chapter 49 of the annex to the law of 17 June 2005 on the Administrative Tribunal federal, in force since Jan. 1. 2007 (RO 2006 2197 1069 art. 1 let. b;) FF 2001-4000).

Section 5 right applicable art. 36. applications for aid or compensation are appreciated: a. pursuant to the law in force at the time of the request, when the benefit is allocated before the execution of the task, forgotten the source. in accordance with the law in force at the beginning of execution of the task, when the benefit is allocated at a later date.

Section 6 penal provisions and sanctions of administrative law art. 37 offences art. 14 to 18 of the Federal Act of 22 March 1974 on administrative criminal law apply to the scam in terms of benefits and contributions, the false in securities, fraudulent obtaining of a false finding, the abolition of titles and the interference with the criminal action.

RS 313.0 art. 38 fraudulent obtaining an advantage


That which, in proceedings relating to assistance or compensation, will intentionally provided inaccurate or incomplete guidance to obtain an improper advantage, will be punished in the fine.

Art. 39 criminal offences provided for in art. 37 and 38 will be prosecuted and tried under the Federal law of March 22, 1974 on administrative criminal law by the federal jurisdiction on the merits. The federal Council may assume jurisdiction in another administrative unit of the Confederation.
Bodies and cantonal services that ensure enforcement of Federal normative acts relating to aid and allowances are required to inform the competent authority as soon as they have knowledge of offences provided for in art. 37 or art. 38 RS 313.0 art. 40 sanctions of administrative law aid if the applicant or the beneficiary not to comply with the duty to provide information defined in art. 11, al. 2 and 3, the competent authority may deny the granting or aid or him ask the restitution of prestations already allocated, encumbered to an annual interest of 5% from the day of payment.
If the elements of one or the other of the offences referred to in this section are met or if the duty to provide information defined in art. 11, al. 3, is not respected, the competent authority may temporarily deprive aid offending individuals or legal persons they represent.

Chapter 4 provisions final art. 41 changes in the federal law federal law changes appear in the annex which is an integral part of this Act.

Art. 42 transitional provisions Chapter 3 of this Act applies also to the decisions taken and contracts for assistance or on compensation, concluded under the empire of the old law, to make their effects beyond the entry into force and that this Act is not more adverse to recipients.
Orders that do not conform to the provisions of Chapter 3 will be adapted in the two years following the entry into force of this Act, provided that they do not rely on laws or federal orders of general scope that deviate in.

Art. 43 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Annex amendments to the federal law...

Mod. can be found at the RO 1991 857.

Status January 1, 2016

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