Unofficial translation
In accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" and with paragraph 62 of the Consular Charter of the Republic of Kazakhstan approved by the Decree of the President of the Republic of Kazakhstan dated April 25, 2016 No. 240 I HEREBY ORDER:
Footnote. The Preamble as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).1. To approve the Rules for legalization of documents in accordance with Annex 1 to this order.
2. Certain orders of the Minister of Foreign Affairs of the Republic of Kazakhstan shall be deemed to have lost force in accordance with Annex 2 to this order (not translated).
3. The Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan shall:
1) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, ensure the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, send its copy in paper and electronic form both in the Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center of Legal Information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) within ten calendar days after the state registration of this order, send its copy to the periodic printed publications for official publication;
4) place this order on the Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan;
5) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit the information on execution of activities to the Office of Legal Expertise of the Ministry of Foreign Affairs of the Republic of Kazakhstan, in accordance with subparagraph 1), 2), 3), 4) of this paragraph.
4. The supervising Vice-Minister of Foreign Affairs of the Republic of Kazakhstan shall be authorized to oversee the implementation of this order.
5. This order shall be enforced upon expiry of ten calendar days after its first official publication.
| Acting | |
| Minister of Foreign Affairs | |
| of the Republic of Kazakhstan | М. Tleuberdy |
| Annex 1 to Order No. 11-1-2/576 of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 6, 2017 |
Rules for legalization of documents
Chapter 1. General provisions
1. The rules for legalization of documents (hereinafter - the Rules) developed in accordance with paragraph 62 of the Consular Charter of the Republic of Kazakhstan, approved by Decree No. 240 of the President of the Republic of Kazakhstan of April 25, 2016 and determine the procedure for legalization of documents.
1-1. These Rules regulate the procedure for the provision of the state service "Legalization of documents” (hereinafter referred to as the state service) in accordance with Article 10 of the Law of the Republic of Kazakhstan "On State Services".
Footnote. The Rules as added with paragraph 1-1 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 29.04.2020 No. 11-1-4/141 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).2. Legalization of documents represents the authentication and certification of signature of an official and seal on such documents with the purpose to use them in other country.
3. Legalization of documents shall be carried out:
1) on the territory of the Republic of Kazakhstan - by the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter – the Department of Consular Service);
2) outside the Republic of Kazakhstan - by the foreign institutions of the Republic of Kazakhstan (hereinafter - the foreign institution).
4. Functions for the legalization of documents shall be assigned to:
1) the authorized employees of the diplomatic service (hereinafter - the authorized employee) in the Department of Consular Service;
2) in foreign institutions - to consular officer (hereinafter - the consul).
5. Excluded by the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).6. International treaties ratified by the Republic of Kazakhstan shall have the priority over its laws. The procedure and terms of validity on the territory of the Republic of Kazakhstan of international treaties to which the Republic of Kazakhstan is a party shall be determined by the legislation of the Republic of Kazakhstan.
6-1. The following shall not be subject to legalization:
1) documents without the signature and seal of an authorized person;
2) notarized copies and translations of documents, if the original document does not contain the signature and seal of an authorized person;
3) electronic documents;
4) originals of identity documents, except for a birth certificate.
Footnote. The Rules as added with paragraph 6-1 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Chapter 2. The procedure for legalization of documents
7. In order to legalize documents, an individual or legal entity (hereinafter referred to as the applicant) shall submit to the Department of Consular Service or a foreign office an application in any form with the documents specified in paragraph 8 of the List of Basic Requirements for the Provision of State services provided for in Appendix 1 to these Rules.
In the application, in any form, a written consent of the service recipient shall also be provided, to access to personal data of limited access which are required for the provision of state services in accordance with Article 8 of the Law of the Republic of Kazakhstan "On personal data and their protection".
Original documents and their notarized copies shall be accepted for legalization.
Documents issued by foreign organizations and institutions must be translated into the state or Russian language and certified by a translator or an organization providing translation services.
Documents certified by notaries of the Republic of Kazakhstan and intended to perform actions outside the Republic of Kazakhstan must comply with the requirements established by Chapter 10 of the Rules for notarial office work, approved by order of the Minister of Justice of the Republic of Kazakhstan dated January 31, 2012 No. 32 (registered in the Register of State Registration of Regulatory Legal Acts No. 7445).
The list of basic requirements for the provision of the state service, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of state services, is given in Appendix 1 to these Rules.
Footnote. Paragraph 7 as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).8. When the applicant submits all the necessary documents to the Department of Consular Service or foreign office, confirmation of the acceptance of the application on paper is a mark on its copy indicating the date of its receipt, the name, first name, patronymic (if any) of the person receiving the document package.
Footnote. Paragraph 8 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).9. Legalization of documents shall be carried out within 3 working days from the date of filing application, and in the case of necessity for additional study or verification, the period may be extended by no more than 30 calendar days.
10. The Department of Consular Service carries out legalization of:
1) documents outgoing from organizations and institutions of the Republic of Kazakhstan, notaries and persons authorized to take actions to certify documents intended for presentation outside the Republic of Kazakhstan;
2) documents outgoing from foreign organizations and institutions, if they have been previously legalized in a diplomatic mission or consular office of a foreign state of origin of documents accredited in the Republic of Kazakhstan;
3) documents outgoing from foreign organizations and institutions, if they have been previously legalized in a diplomatic mission or consular office of a foreign state of origin of documents accredited in the Republic of Kazakhstan, performing part-time representation of a foreign state of origin of documents in the Republic of Kazakhstan.
11. To perform legalization of documents, the Department of Consular Service shall use the available samples of signatures and seals of:
1) officials of state agencies of the Republic of Kazakhstan, notaries and persons authorized to take actions to certify documents;
2) officials authorized to perform the legalization of documents in foreign diplomatic missions and consular offices accredited in the Republic of Kazakhstan.
In the absence of relevant samples of signatures and seals, the Department of Consular Service shall send a request to the authorized body.
12. The authorized employee, having made sure that the document submitted for legalization shall be in accordance with these Rules, shall legalize the document by placing the legalization inscription of the Department of Consular Service on the document itself in form, in accordance with Annex 2 to these Rules.
Footnote. Paragraph 12 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).13. The consul shall accept documents outgoing from:
1) the authorities of the receiving state, if they have been preliminary legalized in accordance with the laws of the receiving state;
2) foreign organizations and institutions, if they have been preliminary legalized in a diplomatic mission or consular office of a foreign state accredited in the receiving state;
3) organizations and institutions of the Republic of Kazakhstan and intended for presentation outside the Republic of Kazakhstan.
14. To perform legalization of documents, the consul shall use the available samples of signatures and seals of:
1) officials of the authorities of the receiving state authorized to perform legalization of documents outgoing of organizations and institutions of the receiving state;
2) officials authorized to perform legalization in diplomatic missions and consular offices of foreign states accredited in the receiving state.
In the absence of relevant samples of signatures and seals, the foreign institution shall send a request to the authorized body.
15. In the case of income from individuals, organizations and institutions for the legalization documents drawn up in the Republic of Kazakhstan but not legalized in the Department of Consular Services, the consul must submit such documents to the Department of Consular Services to determine the authenticity of signatures and seals on these documents. Upon receiving a positive response, the consul shall legalize such documents in the manner prescribed by these Rules.
16. In cases where the documents received in the Republic of Kazakhstan but not legalized in the Department of Consular Service were received by the consul in order to obtain documents from the Republic of Kazakhstan, and if the laws of the receiving state requires the legalization of such documents, the consul shall legalize them.
17. The consul, having made sure that the document submitted for legalization is in accordance with these Rules, shall legalize the document by placing the legalization inscription of a foreign institution on the document itself in form, in accordance with Annex 3 to these Rules.
Footnote. Paragraph 17 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).18. Refusal to provide the state service shall be carried out on the grounds specified in paragraph 9 of the List of basic requirements for the provision of the state service.
Footnote. Paragraph 18 as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).18-1. If grounds for refusal to provide the state service are identified, the service provider shall inform the service recipient within two calendar days of the preliminary decision to refuse to provide the state service, as well as the time, date and place, method of holding the hearing to enable the service recipient to express a position on the preliminary decision.
The notification of the hearing shall be sent at least three working days before the end of the term for the provision of the state service. The hearing is held no later than two working days from the date of notification.
Based on the results of the hearing, the service provider shall legalize the submitted document, or refuses to provide the state service.
Footnote. The Rules as added with paragraph 18-1 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).19. Legalization inscription shall be made on the document itself, and in cases of absence on the document of the place, on a separate sheet, fastened with it, with the stamp and signature of the person who committed the legalization of the document.
It shall be permitted to make a legalization inscription with a mastic stamp.
20. The Department of Consular Services and foreign institutions shall maintain registers of documents legalized in accordance with Annex 4 to these Rules.
Footnote. Paragraph 20 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).21. The authorized employee and consul shall ensure the entry of data into the information system for monitoring the provision of public services on the stage of the provision of public services in accordance with the procedure established by the authorized body in the field of informatization.
Footnote. Rules as added by the paragraph 21 in accordance with the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).21-1. The Ministry of Foreign Affairs of the Republic of Kazakhstan, within three working days from the date of making changes and (or) additions to these Rules, shall update and send them to the foreign institutions of the Republic of Kazakhstan and the Unified Contact Center.
Footnote. The Rules as added with paragraph 21-1 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).22. Consideration of a complaint on the provision of the state services shall be carried out by a higher administrative body, an official, an authorized body for assessing and monitoring the quality of the provision of state services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider and (or) the official, whose decision, action (inaction) is appealed.
The service provider, the official whose decision, action (inaction) is being appealed, no later than three working days from the date of receipt of the complaint, shall send it and the administrative file to the body considering the complaint.
At the same time, the service provider, the official whose decision, action (inaction) is being appealed, shall have the right not to send a complaint to the body considering the complaint, if he makes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
The complaint of the service recipient received by the service provider, in accordance with paragraph 2 of Article 25 of the Law on State services, shall be subject to consideration within five working days from the date of its registration.
The complaint of the service recipient, received by the body considering the complaint, shall be subject to consideration within fifteen working days from the date of its registration.
Unless otherwise provided by the laws of the Republic of Kazakhstan, recourse to the court shall be allowed after pre-trial appeal in accordance with paragraph 5 of Article 91 of the Administrative Procedural and Processual Code of the Republic of Kazakhstan.
Footnote. The Rules as added with paragraph 22 in accordance with the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 29.04.2020 No. 11-1-4/141 (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).| Annex 1 to Rules for legalization of documents |
List of main requirements to the provision of the state service "Legalization of documents"
Footnote. The heading as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
Footnote. Rules added with Annex 1 according to the order of the Minister of Foreign Affairs of RK dated 29.04.2020 No. 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); as amended by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated 19.12.2022 No. 11-1-4/705 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).
1 | Name of the service provider |
Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign institutions of the Republic of Kazakhstan (hereinafter referred to as the service provider) |
2 | Ways of public service provision | Acceptance of documents and issuance of the results of public service provision shall be carried out through the service provider. |
3 | Period of the state service provision |
1) from the date of submission of the package of documents to the service provider by the individual or legal entity (hereinafter referred to as the service recipient) – within three working days, and if additional examination or verification is necessary, the period may be extended by no more than thirty calendar days, while the service recipient is notified thereof in writing; |
4 | Form of public service provision | Paper |
5 | Results of public service provision |
Legalization of the submitted document, or a reasoned response to the refusal to provide public service. |
6 | The amount of payment charged to the service recipient in the state service provision and the methods of its collection in cases provided by the legislation of the Republic of Kazakhstan |
The state service shall be provided to individuals on a paid basis at the rates of the consular fee, in accordance with the Code of the Republic of Kazakhstan "On taxes and other obligatory payments to the budget (Tax Code)" and the order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated May 20, 2019 No. 11-1- 4/227 "On approval of consular fee rates for consular activities in the territory of a foreign state" (registered in the Register of State Registration of Normative Legal Acts under No. 18702). Payment of the consular fee shall be carried out in cash or non-cash form through second-tier banks or organizations that carry out certain types of banking operations. |
7 | Working hours of the service provider, the State Corporation and information objects |
From Monday to Friday, in accordance with the established work schedule from 9:00 to 18:30 with a lunch break from 13:00 to 14:30, except for weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan. Acceptance of documents and issuance of the results of the provision of state services is carried out from 09:00 to 17:30. |
8 | List of documents required from the service recipient to provide the state service |
To legalize documents, an individual or legal entity (hereinafter referred to as the applicant) shall submit to the Consular Service Department or a foreign office an application in any form with the following documents (information) attached: |
9 | Grounds for refusal to provide the state service, established by the legislation of the Republic of Kazakhstan |
1) establishing the unreliability of the documents submitted by the service recipient for the receipt of state services, and (or) the data (information) contained in them; |
10 | Other requirements taking into account the peculiarities of public service provision, including those provided in electronic form and through the State Corporation |
The service recipient shall have the opportunity to obtain information on the procedure and status of public service provision through a unified contact point for public service provision. |
| Annex 2 to Rules for legalization of documents, approved by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 6, 2017 № 11-1-2/576 |
Footnote. The right top corner of Annex 1 - in the wording of the order of the Minister of Foreign Affairs of RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Legalization inscription of the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan
Осы құжат Қазақстан Республикасы Сыртқы істер министрлігінің Консулдық қызмет департаментінде заңдастырылды.
This document shall be legalized in the Department of the Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan
___________ "___", 20___
№ _____________
Лауазымды қызметкер/official
______________________
Лауазымды қызметкер құжатта баяндалған фактілерді растамайды.
The official shall not confirm the fact stated in the document
| Annex 3 to Rules for legalization of documents, approved by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 6, 2017 № 11-1-2/576 |
Footnote. The right top corner of Annex 2 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Legalization inscription of the foreign institution of the Republic of Kazakhstan
Осы құжат ________________________ заңдастырылды.
(Қазақстан Республикасының шет елдегі
Мекемесінің атауы)
This document shall be legalized in _______________________.
(name of the embassy/ consulate/consulate of the
Republic of Kazakhstan)
20___жылғы "___" ______________,
№ _____________
______________"___", 20___,
№ _____________
Консулдық лауазымды тұлға/consular officer ____________________
Консулдық лауазымды тұлға құжатта баяндалған фактілерді растамайды.
Consular officer shall not confirm the facts stated in the document
| Annex 4 to Rules for legalization of documents, approved by the order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan dated December 6, 2017 № 11-1-2/576 |
Footnote. The right top corner of Annex 3 - in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Register of documents having been legalized
№ r/n | Legalization date | Name of the document to whose name, by whom and when issued, issue date and number | Last name, name, patronymic (if any) of the applicant | applicant's passport number, by whom and when issued | Amount of consular fees | Receipt number | Applicant’s signature | Authorized employee/consul |
