Unofficial translation
Footnote. The title - as revised by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/50 dated 15.02.2021 (shall become effective ten calendar days after the date of its first official publication).Under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” I HEREBY ORDER:
Footnote. The Preamble - as revised by order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/705 dated 19.12.2022 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. That the Rules for Rendering the Public Service “Accepting Documents and Transferring Them for the Issuance of Passports to Nationals of the Republic of Kazakhstan Staying Abroad” shall be approved as enclosed.
Footnote. Paragraph 1 - as revised by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/50 dated 15.02.2021 (shall be enforced ten calendar days after the date of its first official publication).2. That the Consular Service Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan shall ensure:
1) state registration hereof with the Ministry of Justice of the Republic of Kazakhstan in obedience to the legislation of the Republic of Kazakhstan;
2) posting this order on the official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan;
3) within ten working days after state registration hereof with the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Service Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan information on execution of actions stipulated in sub-paragraphs 1) and 2) of this paragraph.
3. That the First Deputy Minister of Foreign Affairs of the Republic of Kazakhstan shall be in charge of the execution hereof.
4. That this order shall be put into effect ten calendar days after the date of its first official publication.
|
Minister of Foreign Affairs of the Republic of Kazakhstan |
M. Tileuberdy |
“AGREED BY”
Ministry of Internal Affairs
of the Republic of Kazakhstan
“AGREED BY”
Ministry of Digital Development,
Innovation and the Aerospace Industry
of the Republic of Kazakhstan
| Approved by order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/149 dated May 12, 2020 |
Rules for Rendering the Public Service “Accepting Documents and Transferring Them for the Issuance of Passports to Nationals of the Republic of Kazakhstan Staying Abroad”
Footnote. The Rules - as revised by order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/705 dated 19.12.2022 (shall be enacted ten calendar days after the date of its first official publication).
Chapter 1. General provisions
1. The Rules for Rendering the Public Service “Accepting Documents and Transferring Them for the Issuance of Passports to Nationals of the Republic of Kazakhstan Staying Abroad” (hereinafter - the Rules) have been elaborated under sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan "On State Services" (hereinafter - the Law on State Services) and establish the procedure for rendering by the foreign institutions of the Republic of Kazakhstan and the Ministry of Internal Affairs of the Republic of Kazakhstan of the public service “Accepting Documents and Transferring Them for the Issuance of Passports to Nationals of the Republic of Kazakhstan Staying Abroad” (hereinafter - the public service).
2. The public service shall be rendered by the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter - the Ministry of Internal Affairs of the Republic of Kazakhstan) through foreign institutions of the Republic of Kazakhstan (hereinafter - the service provider) to nationals of the Republic of Kazakhstan (hereinafter - the service recipient):
1) permanently residing outside the Republic of Kazakhstan;
2) studying in educational institutions located in the territory of foreign countries;
3) working in foreign countries under a labour agreement;
4) minors, in the event of their birth outside the Republic of Kazakhstan;
5) family members of the above persons living together with them;
6) family members of a foreigner residing outside the Republic of Kazakhstan;
7) relatives of diplomatic service personnel living together with diplomatic service personnel abroad;
8) persons who are not capable of self-service due to advanced age (the elderly), and persons who have a health disorder with an enduring disorder of body functions limiting their vital activity, as well as persons caring for close relatives who are not capable of self-service;
9) detained or held in custody, under arrest, or serving a sentence in penitentiary institutions in the territory of a foreign country.
Chapter 2: Procedure for rendering a public service
3. In order to obtain a public service, the service recipient shall file an application with the service provider as per Annex 1 hereto and the following documents (for children and individuals declared legally incapable by a court of law, their legal representatives (parents, guardians, custodians) with the provision of documents confirming the powers of representation):
1) a birth certificate (when a passport is obtained by a child under the age of 16) and an identity document of one of the parents to confirm the child's nationality.
A notarised consent statement from a foreign parent for the child to obtain identity documents of a national of the Republic of Kazakhstan (in case of birth of the child outside the Republic of Kazakhstan and different citizenship of the parents, one of whom was a national of the Republic of Kazakhstan at the time of the child's birth, and both parents at that time had a permanent place of residence outside the Republic of Kazakhstan);
2) a passport of a national of the Republic of Kazakhstan (in case of passport exchange);
3) four 3.5x4.5 centimetre colour photographs (the photographs must correspond to the age of the service recipient at the time of issuing the document and must be taken strictly in full-face against a light background with a neutral expression and closed mouth, with the face occupying about 75% of the total area of the photograph. Photographs shall be made by photographic printing from a single negative on heavy photographic paper. Images made by computer scanning, modelling or photocopying shall be prohibited);
4) a passport of the 1974 sample (of the former Union of Soviet Socialist Republics) when a national of the Republic of Kazakhstan receives a passport for the first time (upon confirmation of citizenship of the Republic of Kazakhstan);
5) an all-border passport (of the former Union of Soviet Socialist Republics) when a national of the Republic of Kazakhstan obtains a passport for the first time (upon confirmation of citizenship of the Republic of Kazakhstan);
6) a document proving the fact of permanent residence, study, work abroad, marital status, health impairment with an enduring disorder of body functions limiting the person's life activity ( an original and a copy of the document);
7) a certificate on the absence of citizenship from the competent authority of the country of stay, if the possibility of obtaining such a certificate is envisaged by the laws of the country of stay;
8) a document confirming payment of the consular fee.
The documents mentioned in sub-paragraphs 6) and 7) of this paragraph, which are issued or certified by a competent institution of a foreign state or by a specially authorised person within its competence and in the prescribed form, bearing the stamped seal of a foreign state shall be accepted only after undergoing the procedure of apostilisation or legalisation pursuant to Joint Order No. 950 of the Acting Minister of Justice of the Republic of Kazakhstan of November 4, 2021, the Minister of Internal Affairs of the Republic of Kazakhstan No. 702 of November 15, 2021, the Minister of Finance of the Republic of Kazakhstan No. 1182 of November 16, 2021, the Head of the Department for Ensuring the Activity of Courts under the Supreme Court of the Republic of Kazakhstan (apparatus of the Supreme Court of the Republic of Kazakhstan) No. 30 of November 16, 2021, the Minister of Culture and Sports of the Republic of Kazakhstan No. 363 of November 24, 2021, the Acting Prosecutor General of the Republic of Kazakhstan No. 155 of November 24, 2021, the Minister of Education and Science of the Republic of Kazakhstan No. 574 of November 29, 2021 and the Minister of Defence of the Republic of Kazakhstan No. 851 of December 8, 2021 “On Approval of the Uniform Rules for Apostille Affixing; (recorded in the Register of State Registration of Regulatory Legal Acts under No. 25789), Order of the Acting Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-2/576 dated December 6, 2017 “On Approval of the Rules for Legalisation of Documents” (recorded in the Register of State Registration of Regulatory Legal Acts under No. 16116), if otherwise is not envisaged by an international treaty ratified by the Republic of Kazakhstan.
4. The list of basic requirements for rendering a public service, including the specifics of the process, form, content and result of rendering, as well as other information, given the features of the provision of public services is contained in Annex 2 hereto.
The total term of rendering the state service shall be ninety calendar days.
The maximum permissible waiting time for handing in a package of documents shall be 30 minutes. The maximum allowable service time of a service recipient shall be 10 minutes.
When all required documents are filed with the service provider, the confirmation of acceptance of the application in hard copy shall be a mark on its copy showing the date of its receipt, surname, name, patronymic (if any) of the person who accepted the package of documents.
Should the service recipient file an incomplete set of documents under paragraph 3 hereof and (or) documents with expired validity period, the service provider shall refuse to accept the application.
5. If a full package of documents is filed, within three calendar days from the date of filing the documents, the service provider shall execute the received documents and prepare a covering letter to the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter - MFA RK).
Within two calendar days the service provider shall generate and pack the documents to be sent to the Ministry of Foreign Affairs of the Republic of Kazakhstan via diplomatic mail channels. The documents received from the service provider within twenty-three calendar days to the MFA of the RK shall be forwarded to the Ministry of Internal Affairs of the RK within two calendar days.
Within thirty calendar days the Ministry of Internal Affairs of the Republic of Kazakhstan shall review the package of documents and issue the passport and send it to the Ministry of Foreign Affairs of the Republic of Kazakhstan.
The documents collected from the Ministry of Internal Affairs of the Republic of Kazakhstan to the Ministry of Foreign Affairs of the Republic of Kazakhstan shall be forwarded to the service provider within twenty-five calendar days.
Within five calendar days after the receipt of documents the service provider shall notify the service recipient about the readiness of the result of rendering the public service. A passport of a national of the Republic of Kazakhstan shall be issued in person upon personal application of a service-recipient or his/her legal representative.
In case of finding out the grounds for refusal in rendering the public service, the service provider shall notify the service recipient within two calendar days about the preliminary decision on refusal in rendering the public service, as well as the time, date and place, method of hearing to provide the service recipient with an opportunity to express his/her position on the preliminary decision.
A notification of the hearing shall be sent at least three business days prior to the end of the period of rendering the public service. The hearing shall be held no later than two business days from the date of notification.
Following the results of the hearing, the service provider shall forward the minutes of the hearing to the Ministry of Internal Affairs again or refuse to render the public service.
6. The refusal to grant a public service shall be made on the grounds listed in paragraph 9 of the List of Basic Requirements for Granting a Public Service.
7. Under sub-paragraph 11) of paragraph 2 of Article 5 of the Law on Public Services, the service provider shall ensure the entry of data into the information system for monitoring the provision of public services on the stage of provision of public services.
8. Within three business days from the date of amendments and (or) additions hereto, the Ministry of Foreign Affairs of the Republic of Kazakhstan shall update these Rules and direct them to the foreign missions of the Republic of Kazakhstan, the Ministry of Internal Affairs of the Republic of Kazakhstan and the Unified Contact Centre.
Chapter 3: Procedure for appealing against decisions, actions (inaction) of central public authorities, as well as service providers on the issues of rendering public services
9. A complaint regarding the provision of public services shall be examined by a higher administrative body, an official, an authorised body for evaluation and control over the quality of public services (hereinafter - the body considering the complaint).
The complaint shall be lodged with the service provider and (or) the official whose decision, action (inaction) is being appealed.
The service provider, the official whose decision, action (inaction) is appealed, no later than three business days from the date of receipt of the complaint shall forward it and the administrative file to the body considering the complaint.
However, the service provider, the official whose decision, action (inaction) is being appealed, may not send the complaint to the body considering the complaint, if it adopts a decision or other administrative action within three business days that fully meets the requirements specified in the complaint.
The service recipient's complaint filed with the service provider shall be examined within five business days from the day of its registration, as per paragraph 2 of Article 25 of the Law on State Services.
The service recipient's complaint received by the body considering the complaint shall be reviewed within fifteen business days from the day of its registration.
If otherwise not envisaged by the laws of the Republic of Kazakhstan, recourse to the court shall be allowed after appealing in a pre-trial procedure under paragraph 5 of Article 91 of the Administrative Procedural Code of the Republic of Kazakhstan.
| Annex 1 to Rules for Rendering the Public Service “Accepting Documents and Transferring Them for the Issue of Passports to Nationals of the Republic of Kazakhstan Staying Abroad” |
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| Name of the foreign agency of the Republic of Kazakhstan in the country of stay from _________________________ Surname, first name, patronymic (if any) of the person ___________________________ ___________________________ residential addres (in the country of stay) Email: _____________________ Тel.: ______________________ |
APPLICATION LETTER
I, _________________________________________________________________
(Surname, first name, patronymic (if any),
____________________________________________________________________
(in the event of employment / training, it is required to enter the address of
registration in the territory of the Republic of Kazakhstan)
____________________________________________________________________
I kindly ask you to accept my documents and forward them for the issuance of a
passport of a national of the Republic of Kazakhstan, due to the following reasons
___________________________________________________________________
____________________________________________________________________
(specify the ground(s) for the issue of a passport of the Republic of Kazakhstan)
___________________________________________________________________
___________________________________________________________________
I hereby give my consent for access to personal data of restricted access, required for
the rendering of the public service under Article 8 of the
Law of the Republic of Kazakhstan “On Personal Data and their Protection”.
“____”__________ 20___
________________________________________________
signature, surname, first name, patronymic (if any)
| Annex 2 to Rules for Rendering the Public Service “Accepting Documents and Transferring Them for the Issue of Passports to Nationals of the Republic of Kazakhstan Staying Abroad” |
List of Basic Requirements for Rendering the Public Service
“Accepting Documents and Transferring Them for the Issuance of Passports to Nationals of the Republic of Kazakhstan Staying Abroad”
1 | Name of the service provider |
1) Ministry of Internal Affairs of the Republic of Kazakhstan as an authorised state body for the issue of a passport of the Republic of Kazakhstan; |
2 | Ways of rendering the public service | Documents shall be accepted and the results of the public service shall be issued upon personal application of nationals of the Republic of Kazakhstan via foreign missions of the Republic of Kazakhstan. |
3 | Term of rendering the public service | From the date of filing the package of documents by the national of the Republic of Kazakhstan to the service provider - 90 calendar days. |
4 | Form of rendering the public service | On paper. |
5 | Result of rendering a public service |
Passport of a national of the Republic of Kazakhstan, or a motivated answer on refusal to grant the public service. |
6 | The amount of payment charged from the service recipient when rendering a public service and ways of its collection in cases envisaged by the laws of the Republic of Kazakhstan |
The public service shall be rendered to natural persons on a paid basis at the consular fee rates, under the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget (Tax Code)” and order of the Minister of Foreign Affairs of the Republic of Kazakhstan No. 11-1-4/227 dated May 20, 2019 “On Approval of Consular Fee Rates for Consular Actions in the Territory of a Foreign State” (recorded in the Register of State Registration of Regulatory Legal Acts under No. 18702). |
7 | Working hours of the service provider, the State Corporation and information objects |
From Monday to Friday, in line with the established working schedule from 9:00 a.m. to 6:30 p.m. with a lunch break from 1:00 p.m. to 2:30 p.m. excluding weekends and public holidays under the Labour Code of the Republic of Kazakhstan. |
8 | List of documents and details required from the service recipient for rendering the public service |
1) an application letter; |
9 | Grounds for refusal to grant a public service, established by the laws of the Republic of Kazakhstan |
1) finding that the documents filed by the service recipient to obtain a public service and (or) the data (information) contained therein are unreliable; |
10 | Other requirements with regard to the specifics of the provision of a public service, including those delivered in electronic form and via the State Corporation | The service recipient may obtain information on the procedure and status of the delivery of the public service via the Unified Contact Centre for the provision of public services. Contact numbers of reference services for rendering a public service are available on the Internet resource www.gov.kz, section State Services of the Unified Contact Centre for rendering a public service: 1414, 8 800 080 7777. |
