Unofficial translation
Footnote. The headline is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).In compliance with sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 “On Public Services” I HEREBY ORDER:
1. To approve the attached Rules for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education”.
Footnote. Paragraph 1 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. That, in compliance with the Annex hereto, certain orders of the Minister of Education and Science of the Republic of Kazakhstan shall be declared to be no longer in force.
3. That the Quality Assurance Committee in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan in compliance with the established by the legislation shall:
1) ensure state registration hereof with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the website of the Ministry of Education and Science of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration hereof with the Ministry of Justice of the Republic of Kazakhstan, submit to the Legal Department of the Ministry of Education and Science of the Republic of Kazakhstan information on the execution of activities under sub-paragraphs 1) and 2) of this paragraph.
4. That the control over execution of this order shall be assigned to the supervising Vice-Minister of Education and Science of the Republic of Kazakhstan.
5. That this order shall be enacted ten calendar days after the date of its first official publication.
|
Minister of Education and Science of the Republic of Kazakhstan |
A. Aimagambetov |
| Approved by Order of the Minister of Education and Science of the Republic of Kazakhstan No. 209 dated May 18, 2020 |
Rules for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education”
Footnote. The headline of the Rules is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. These Rules for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education” (hereinafter - the public service), have been developed in accordance with subparagraph 1) of Article 10 of the Law of the Republic of Kazakhstan “ On Public Services" and the Decree of the Government of the Republic of Kazakhstan dated April 24, 2001 No. 545 "On Measures to Implement the Provisions of the Convention Abolishing the Requirement for Legalization of Foreign Official Documents (The Hague, October 5, 1961)" and shall determine the procedure and conditions for affixing an apostille.
Footnote. Paragraph 1 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).2. These Rules for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education” use the following definitions:
1) apostille - a special stamp certifying the authenticity of the signature of the person who signed the document and confirmation of his/her authorities, as well as the authenticity of the seal or stamp with which this document is affixed;
2) digital documents service – an object of the information and communication infrastructure of “electronic government”, assigned to the operator and intended for the creation, storage and use of electronic documents for the purpose of implementing state functions and the resulting public services, as well as in interaction with individuals and legal entities, receiving and providing services in electronic form;
3) Unified contact center - a legal entity determined by the Government of the Republic of Kazakhstan, performing the functions of an information and reference service for providing service recipients with information on the provision of state and other services, as well as state bodies with information on the issues of providing information and communication services;
4) a cellular communication subscriber device - a personal communication device that generates electrical communication signals for transmitting or receiving information specified by the subscriber and is connected to the cellular operator’s network, not having a permanent geographically defined location within the service territory, and operating in cellular networks.
Footnote. Paragraph 2 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).3. The purpose of the procedure of affixing an apostille shall be to provide a guarantee of authenticity and proper execution of apostilled documents intended to be valid in the territory of member states of the Hague Convention.
4. The public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education” (hereinafter - the public service) shall be provided by the territorial departments of the Committee for quality assurance in the field of education of the Ministry of Education of the Republic of Kazakhstan (hereinafter - the service provider) in accordance with Appendix 1 to these Rules.
Footnote. Paragraph 4 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 2. Procedure for provision of public service
5. To receive a public service, the service recipients shall submit to the service provider via the “electronic government” web portal (hereinafter -the portal): www.egov.kz; or via the non-profit joint-stock company “State Corporation “Government for Citizens” (hereinafter - the State Corporation) the documents specified in paragraph 8 of the List of basic requirements for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education" (hereinafter - the List of basic requirements) in accordance with Appendix 1 to these Rules.
Footnote. Paragraph 5 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).6. When accepting the documents via the State Corporation, the service recipient shall be issued a receipt of acceptance of the relevant documents.
The day the service recipient applies to the State Corporation shall not be included in the time limit for the provision of the public service.
7. If the service recipient submits an incomplete package of documents and (or) expired documents, the State Corporation employee shall refuse to accept the documents and issue a receipt confirming the refusal to provide a public service, in the form according to Appendix 2 to the List of basic requirements indicating the date issuance.
Footnote. Paragraph 7 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).8. An employee of the department of branches of the State Corporation located in regional centers, the cities of Astana, Almaty and Shymkent, on the day of receipt of documents, shall prepare the documents and transfer them to the courier of the State Corporation for sending to the service provider. If the departments of branches of the State Corporation are located in other populated areas, an employee (specialist) of the savings sector of the State Corporation shall prepare the documents on the day they are received and ensure that the documents are sent to the service provider in paper form through the State Corporation courier or postal service within 2 (two) working days days.
Footnote. Paragraph 8 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).9. If the application is submitted via the portal, the status of acceptance of the application for the provision of the public service shall be displayed in the service recipient's "personal profile", as well as the notification indicating the date and time of receipt of the result of the public service. In conformity with the labour law, when the service recipient applies to the service provider after working hours, on weekends and public holidays the receipt of applications and delivery of the results of the provision of the public service shall be carried out on the next working day.
10. When a service recipient applies through the State Corporation:
1) the office of the service provider, on the day of receipt of documents, shall register them in a unified electronic document management system within 1 (one) working day and transfer them to the responsible structural unit for execution;
2) the head of the responsible structural unit shall write the documents to the responsible employee within 1 (one) working day;
3) an employee of the responsible structural unit of the service provider, within 1 (one) working day from the moment of registration of documents, shall check the completeness of the submitted documents; if the service recipient provides an incomplete package of documents and (or) expired documents, the employee of the responsible structural unit shall prepare a motivated refusal;
4) when the service recipient provides a full package of documents to the responsible structural unit of the service provider, an employee of the responsible structural unit shall draw up a request to the organization of primary, basic secondary, general secondary, technical and vocational, post-secondary education to confirm the authenticity of educational documents and receive a response within 5 (five) working days days;
5) in case of confirmation of training in an organization of primary, basic secondary, general secondary, technical and vocational, post-secondary education, an employee of the responsible structural unit, within 4 (four) working days, shall apostille the documents or prepares a reasoned response about the refusal to provide a public service.
If there are grounds provided for in paragraph 9 of the List of basic requirements, the service provider shall notify the service recipient of the preliminary decision to refuse to provide a public service, as well as the time, place and method of the hearing to allow the service recipient to express a position on the preliminary decision.
The notification of the hearing shall be sent no later than 3 (three) working days before the end of the term for providing a public service. The hearing s held no later than 2 (two) working days from the date of notification.
The notification (notice) shall be sent by registered mail with acknowledgment of receipt, telephone message or telegram, text message via a subscriber's cellular device or e-mail address, or using other means of communication that ensure recording of the notification or call.
Based on the results of the hearing, the service provider shall make a decision on apostilling the education document or on a reasoned refusal to provide a public service.
6) after signing the documents by the head of the service provider within 1 (one) working day, the responsible employee of the responsible structural unit within 1 (one) working day shall register in the registration book the documents submitted for affixing an apostille, then no later than one day before the expiration of the deadline shall send the prepared documents or a reasoned response about the refusal to provide a public service through a courier or by post to the State Corporation for issuance.
Footnote. Paragraph 10 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).11. When a service recipient applies through the portal:
1) the office of the service provider, on the day the documents are received, shall register them in the unified electronic document management system within 1 (one) working day and transfer them to the responsible structural unit for execution;
2) the responsible structural unit, within 1 (one) working day, shall check the completeness of education documents, if all fields on the portal are filled out and the applications are attached correctly, shall send them for payment.
If the service recipient does not pay, the service provider shall refuse to provide a public service.
3) an employee of the responsible structural unit, after payment by the recipient, shall submit a request to the relevant educational organizations to confirm the authenticity of educational documents and receive a response within 5 (five) working days;
4) in case of confirmation of training in the organization of primary, basic secondary, general secondary, technical and vocational, post-secondary education, an employee of the responsible structural unit within 1 (one) working day shall send a notification through the portal to the "personal account" of the service recipient about submitting the originals of documents for apostille through the State Corporation at the location for apostille within 4 (four) working days, or shall prepare a reasoned response about the refusal to provide a public service.
If there are grounds provided for in paragraph 9 of the List of basic requirements, the service provider shall notify the service recipient of the preliminary decision to refuse to provide a public service, as well as the time, place and method of the hearing to allow the service recipient to express a position on the preliminary decision.
The notification of the hearing shall be sent no later than 3 (three) working days before the end of the term for providing a public service. The hearing shall be held no later than 2 (two) working days from the date of notification
The notification (notice) shall be sent by registered mail with acknowledgment of receipt, by telephone message or telegram, or through the portal to the “personal account”, by text message via a subscriber’s cellular device or by e-mail, or using other means of communication that ensure recording of the notice or call.
Based on the results of the hearing, the service provider shall make a decision on apostilling the education document or on a reasoned refusal to provide a public service.
5) the responsible employee of the responsible structural unit, after signing the documents for apostille by the head of the service provider, as well as their registration in the document registration book within 2 (two) working days, shall send the prepared documents for issuance through a courier or by post no later than one day before expiration of the period for providing a public service to the State Corporation.
Footnote. Paragraph 11 is in the wording of the order of the acting Minister of Education and Science of the Republic of Kazakhstan dated 10.12.2021 No. 586 (shall be enforced upon expiry of ten calendar days after the day of its first official publication);as amended by the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).12. The delivery of the finished documents with an "apostille" stamp on paper shall be made via the State Corporation.
13. Based on a coupon and upon presentation of an identity document and (or) a power of attorney, an employee of the branch office of the State Corporation shall issue to the service recipient the result of rendering the public service.
14. For one month, the State Corporation shall ensure storage of the result, after which it shall transfer them to the service provider for further storage. When the service recipient applies after one month, upon the request of the State Corporation, the service provider shall send the finished documents to the State Corporation within one working day for issuing to the service recipient.
15. The service provider shall ensure entering of information on the stage of rendering a public service in the information system for monitoring of rendering a public service in accordance with the procedure established by the authorized body in the sphere of informatization, pursuant to sub-paragraph 11) of paragraph 2 of Article 5 of the Law of the Republic of Kazakhstan “On Public Services”.
16. The service provider shall refuse to provide a public service on the grounds specified in paragraph 9 of the List of basic requirements.
The authorized body in the field of education of the Republic of Kazakhstan, within three working days from the date of change, shall notify the service providers, the State Corporation, the operator of the information and communication infrastructure of “electronic government”, as well as the Unified Contact Center about the changes and additions made to these Rules.
Footnote. Paragraph 16 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Chapter 3. Procedure for appealing against decisions, actions (inaction) of the central state body of the service provider and (or) their officials, the State Corporation and (or) their employees concerning the provision of a public service
17. Consideration of the complaint regarding the provision of public 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 public services (hereinafter referred to as the body considering the complaint).
The complaint shall be submitted to the service provider and (or) to the official whose decision, action (omission) shall be appealed.
The service provider, the official whose decision, action (omission) are appealed shall, no later than three working days from the date of receipt of the complaint, send it and the administrative case to the body considering the complaint.
At the same time, the service provider, an official whose decision, action (omission) is appealed, has the right not to send a complaint to the body considering the complaint, if he takes 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 of the Republic of Kazakhstan "On Public Services" shall be subject to consideration within 5 (five) working days from the date of its registration.
The complaint of the service recipient received by the authorized body for the assessment and control of the quality of the provision of public services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.
A complaint about the action (inaction) of employees of the State corporation in the provision of services through the State corporation shall be submitted to the head of the State corporation, or to the authorized body in the field of informatization.
Footnote. Paragraph 17 – in the wording of the order of the Acting Minister of Education and Science of the Republic of Kazakhstan dated 10.12.2021 № 586 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).18. Unless otherwise provided by law, appeal to the court is allowed after appeal in pre-trial order
Footnote. Paragraph 18 – in the wording of the order of the Acting Minister of Education and Science of the Republic of Kazakhstan dated 10.12.2021 № 586 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).| Appendix 1 to the Rules for the provision of a public services "Apostillation of official documents, issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education" |
Footnote. Appendix 1 is in the wording of the order of the Minister of Education of the Republic of Kazakhstan dated 30.05.2023 No. 151 (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
List of basic requirements for the provision of a public service “Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education”
1 |
Name of the service provider | Territorial departments of the Committee for Quality Assurance in the field of education of the Ministry of Education of the Republic of Kazakhstan |
2 |
Methods of providing a public service | The application shall be accepted via the non-profit joint-stock company “State corporation “Government for Citizens” (hereinafter - the State corporation) and the “electronic government” web portal (hereinafter - the portal). |
3 |
Term of provision of a public service |
1) from the moment of submission of the package of documents to the State corporation - 15 (fifteen) working days; |
4 | Form of provision of a public service | Electronic (partially automated)/paper. |
5 |
The result of provision of a public service |
Sending a notification about the readiness of the result of a public service indicating the place of receipt to the “personal account” of the service recipient on the portal; |
6 |
The amount of payment charged from the service recipient when providing a public service, and methods of collecting it in cases provided for by the legislation of the Republic of Kazakhstan |
The public service shall be provided on a paid basis to individuals (hereinafter - the service recipient). For the provision of a public service, a state duty shall be charged, which, in accordance with the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget (Tax Code)” is 0.5 of the monthly calculation index established on the day of payment of the state duty. |
7 | Schedule |
Service provider - from Monday to Friday, in accordance with the established work schedule from 9.00 to 18.30, with the exception of weekends and holidays, in accordance with the Labor Code of the Republic of Kazakhstan (hereinafter - the Code) with a lunch break from 13.00 to 14.30; |
8 | List of information documents required from the service recipient for the provision of a public service |
When a service recipient or a representative by proxy applies to the State corporation: |
Grounds for refusal to provide a public service established by the legislation of the Republic of Kazakhstan |
The service provider refuses to provide a public service in cases | |
10 | Other requirements taking into account the specifics of the provision of a public services, including those provided in electronic form and through the State Corporation |
To service recipients who have a health disorder with a persistent impairment of body functions that limits their ability to live, if necessary, documents shall be accepted for the provision of a public service by an employee of the State corporation with a visit to their place of residence by contacting the Unified Contact Center for the provision of public services 1414, 8-800 -080-7777. |
| Appendix 1 to the List of basic requirements for the provision of a public service "Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education" |
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| Head of the Department for Quality Assurance in the field of education ____________________________ ____________________________ |
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| Committee for Quality Assurance in the field of education of the Ministry of Education Republic of Kazakhstan |
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| from _________________________ ____________________________ indicate surname, name, patronymic (if any) residing address ___________________ ____________________________ ____________________________ contact number/organization fax ____________________________ ____________________________ Place of work or study |
APPLICATION
I hereby ask to apostille my education document (underline as appropriate):
1) a report card;
2) a certificate (of general secondary education, with honors of general secondary education, of general secondary education “Altyn Belgi”);
3) a college diploma (on technical and vocational education, with honors on technical and vocational education), lyceum, college (on post-secondary education, with honors on post-secondary education);
4) a certificate issued to persons who have not completed their education;
5) other.
for departure to ___________________________________
The following documents have been submitted:
1) Original document on education;
2) Original appendix to the education document;
Date _______ Applicant ___________________________________
The following documents have been submitted: Payment details: |
Apostille – |
I agree to the use of information that constitutes a legally protected secret contained in information systems
________________________ "_____" 20 ______.
(signature)
| Appendix 2 to the List of basic requirements for the provision of a public service "Apostillation of official documents issuing from organizations of primary, basic secondary, general secondary, technical and vocational, post-secondary education" |
|
| ___________________________ (surname, name, patronymic) (if available) (hereinafter - Full Name) ____________________________ ____________________________ or name of the service recipient’s organization) ____________________________ ___________________________ (address of the service recipient) |
Receipt on refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan “On Public Services”,
department No. __________ branch of the State corporation “Government for Citizens” (specify address)
___________________________________________________________________________________
refuses to accept documents for the provision of a public service due to your submission of an incomplete
package of documents according to the list provided for in the List of basic requirements for the provision
of a public service “Apostillation of official documents issuing from organizations of primary, basic
secondary, general secondary, technical and vocational, post-secondary education” and ( or) expired documents, namely:
Name of missing documents:
1) ________________________________________________;
2) ________________________________________________;
3)_________________________________________________.
This receipt is made in 2 copies, one for each party.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Full name (employee of the State corporation) (signature) (date)
| Annex 2 to the order of the Minister of Education and Science of the Republic of Kazakhstan |
List of certain repealed orders of the Minister of Education and Science of the Republic of Kazakhstan
1. Sub-paragraph 1) of paragraph 1 of order of the Minister of Education and Science of the Republic of Kazakhstan No. 212 dated April 16, 2015 “On Approval of the Standards of Public Services in Education and Science” (registered with the Register of State Registration of Regulatory Legal Acts under No. 11260, published in Adilet, the information and legal system on June 23, 2015);
2. Sub-paragraph 1) of paragraph 1 of the order of the Minister of Education and Science of the Republic of Kazakhstan No. 528 dated August 13, 2015 “On Approval of the Rules for the Provision of Public Services in Education and Science (registered with the Register of State Registration of Regulatory Legal Acts under No. 12066, published in Adilet, the information and legal system on October 22, 2015);
3. Order No. 87 of the Minister of Education and Science of the Republic of Kazakhstan dated January 27, 2016 "On Amendments to Order No. 212 of the Minister of Education and Science of the Republic of Kazakhstan dated April 16, 2015 "On Approval of the Standards of Public Services in the Field of Education and Science" (registered with the Register of State Registration of Regulatory Legal Acts under No. 13426, published in Adilet, the information and legal system on April 11, 2016);
4. Order No. 164 of the Minister of Education and Science of the Republic of Kazakhstan dated 23 February 2016 "On Amendments to Order No. 528 of the Minister of Education and Science of the Republic of Kazakhstan dated August 23, 2015 "On Approval of the Rules of Public Services in Education and Science" (registered with the Register of State Registration of Regulatory Legal Acts under No. 13511, published in Adilet, the information and legal system on March 31, 2016);
5. Order No. 119 of the Minister of Education and Science of the Republic of Kazakhstan dated March 14, 2017 "On Amendments to Order No. 212 of the Minister of Education and Science of the Republic of Kazakhstan dated April 16, 2015 "On Approval of the Standards of Public Services in the Field of Education and Science" (registered with the Register of State Registration of Regulatory Legal Acts under No. 15067 and published in the Reference Control Bank of the Republic of Kazakhstan in electronic form dated May 16, 2017);
6. Order No. 267 of the Minister of Education and Science of the Republic of Kazakhstan dated 8 June 2017 "On Amendments to Order No. 528 of the Minister of Education and Science of the Republic of Kazakhstan dated August 13, 2015 "On Approval of the Regulations of State Services in the Field of Education and Science" (registered with the Register of State Registration of Regulatory Legal Acts under No. 15322, published in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan in electronic form on July 17, 2017).
