Unofficial translation
Footnote. The heading has been amended in Kazakh, the text in English has not been amended by the order of the acting Minister of Justice of the Republic of Kazakhstan dated 13.08.2021 No. 708 (shall come into effect ten calendar days after the day of its first official publication).In obedience to sub-paragraph 1) of Article 10 of Law No. 88-V of the Republic of Kazakhstan “On Public Services” dated April 15, 2013, I HEREBY ORDER:
1. That the Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” shall be approved pursuant to Annex 1 hereto;
2. That certain orders of the Minister of Justice of the Republic of Kazakhstan shall be declared to be no longer in force in conformity with Annex 2 hereto.
3. That, to the extent permitted by the applicable law of the Republic of Kazakhstan, the Department of Registration Service and Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan shall:
1) provide state registration hereof;
2) place this order on the official internet resource of the Ministry of Justice of the Republic of Kazakhstan.
4. That the supervising Vice-Minister of Justice of the Republic of Kazakhstan shall be in charge of the execution hereof.
5. That this order shall come into force ten calendar days after the date of its first official publication.
Acting Minister of Justice of the Republic of Kazakhstan |
N. Pan |
“AGREED BY”
Ministry of Digital Development,
Innovation and the Aerospace Industry
of the Republic of Kazakhstan
_________ "___" _________ 2020
Annex 1 to order of the Minister of Justice of the Republic of Kazakhstan No. 58 dated May 27, 2020 |
Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan”
Chapter 1. General provisions
1. These Rules for the Provision of the Public Service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” (hereinafter - Rules) have been developed by the Ministry of Justice of the Republic of Kazakhstan pursuant to sub-paragraph 1) of article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On Public Services”, Decree of the Government of the Republic of Kazakhstan No. 545 dated April 24, 2001 “On the Measures on Implementation of Provisions of the Convention Cancelling the Requirement of Legalization of Foreign Official Documents, Made in the City of Hague on October 5, 1961” (hereinafter - the Convention) and the Unified Rules on the Procedure and Conditions for Affixing an Apostille to the Official Documents Issued by the Public Authorities, as well as from Notaries of the Republic of Kazakhstan, approved by order of the Minister of Justice of the Republic of Kazakhstan No. 64 dated June 4, 2001 (hereinafter – Unified Rules).
2. The rules shall define the procedure and conditions for the provision of the public service "Apostille of official documents emanating from the justice authorities and other state bodies, as well as notaries of the Republic of Kazakhstan" (hereinafter referred to as the Public Service) and, are subject to application by the departments of justice of the regions, the cities of Nur-Sultan, Almaty and Shymkent (hereinafter referred to as the Service Provider), endowed with the right to affix an apostille on official documents issued by the justice authorities and other state bodies, as well as notaries of the Republic of Kazakhstan.
Footnote. Paragraph 2 - as amended by the order of the Minister of Justice of the Republic of Kazakhstan dated December 23, 2020 No. 775 (shall come into effect ten calendar days after the day of its first official publication).3. The objective of the apostil affixing procedure shall be to provide a guarantee of authenticity and proper execution of apostilized documents, intended for action on the territory of countries-participants of the Hague Convention.
4. The Service Provider shall apostille official documents issued by justice and other public bodies, as well as notaries of the Republic of Kazakhstan pursuant to the principle of extraterritoriality.
Departments of justice of regions, Nur-Sultan, Almaty and Shymkent cities shall send to the Ministry of Justice specimen signatures of officials entitled to sign documents (hereinafter - sample signature) and imprint of a seal of the issuing authority (hereinafter - imprint of a seal) in compliance with their territorial unit as the officials are appointed and the seal of the authority changes.
The Ministry of Justice shall collect up-to-date specimen signatures and seal imprints and shall send them to the Departments of Justice of regions, Nur-Sultan, Almaty and Shymkent cities for their use when providing the public service.
Chapter 2. Procedure and conditions for the provision of a public service
5. The list of basic requirements for the provision of a public service, including characteristics of the process, form, content and result of service provision, as well as other information factoring in the peculiarities of rendering a public service shall be provided in the standard of a public service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” (hereinafter – the public service standard) in pursuance of Annex 1 to these Rules.
6. For receipt of a state service by individuals and legal entities (hereinafter - service recipients) upon their request, an application shall be filed to the State Corporation Government for Citizens Non-Commercial Joint-Stock Company (hereinafter - the State Corporation). on paper form or via the "e-government" web portal (hereinafter - the portal), electronically pursuant to Annex 2 to these Rules.
7. The list of documents required for rendering of the public service when the service recipient or his/her/its representative by proxy applies to the State Corporation or via the portal shall be stipulated by paragraph 8 of the public service standard.
8. Information on the documents certifying the identity of the service recipient, a document confirming payment by the service recipient to the budget of the amount of duty (in case of payment through EGPG), as well as information on state registration of acts of civil status performed in the Republic of Kazakhstan shall be obtained by the service provider and an employee of the State Corporation from respective state information systems via the gateway of "e-government".
9. In the absence of relevant information in information systems, an employee of the State Corporation or service provider shall reproduce electronic/paper copies of documents and then return the originals to the service recipient, except for the documents subject to apostillation.
It shall be prohibited to request from the service recipients documents and information that can be obtained from information systems.
10. In providing public services the service recipient shall consent to the use of information constituting a legally protected secret contained in information systems, unless otherwise provided for by the laws of the Republic of Kazakhstan.
11. Service provider shall ensure entering of data on the stage of providing public services to the information system for monitoring of rendering public services.
12. In case of failure of information system the service provider shall immediately notify the employee responsible for information and communication infrastructure.
In this case, the responsible employee for the information and communication infrastructure shall take measures to determine the cause of the failure of the information system and, within one (1) business day , draw up a protocol (act) on the technical problem and sign it by the service provider.
13. The service recipient shall be able to receive the public service electronically via the portal upon condition that an electronic digital signature (hereinafter referred to as "EDS") is available.
Within 1 (one) business day from the receipt of the application, when the service recipient submits an application via the portal, the status of acceptance of request for public service shall be sent to "personal profile".
In compliance with the labour legislation, when the service recipient applies after the end of the working hours, on weekends and public holidays the receipt of applications shall be carried out on the next business day.
The service provider shall verify the specimen signature and seal imprint against the copy of the document to be apostilled attached to the application, as well as the compliance of the application and attached documents with the requirements of the Convention and the Unified Rules.
If the signature and seal imprint do not comply with the scanned copy of the document to be apostilled, if the application and attached documents do not comply with the Convention and the Unified Rules, or if the fact of incompleteness of the attached documents is established, the service provider shall prepare and send to the service recipient the result of the public service in the form of a reasoned refusal to render the public service in the form of an electronic signed document within 1 (one) business day upon receipt of the application.
In case the application is filled out correctly and the attached documents comply with the requirements of the Convention and the Unified Rules, the service provider shall send a notification on the appointment date and time of documents apostillation to the service recipient's "personal profile".
The documents shall be apostilled on the next business day.
The apostille shall be affixed by the service provider irrespective of the issuing territory upon presentation of the document on the same day in paper form and payment of the state duty for affixing the apostille.
The service provider shall verify the submitted document, stamp "apostille" on the document and issue to the service recipient the result of rendering the public service in the form of a paper document signed by an authorized person of the provider according to the form, in compliance with Annex 3 to these Rules.
In the event of failure to submit the document subject to apostillation in the established day, failure to comply with the requirements of the Convention and Unified Rules, or determination of the fact of incompleteness of the submitted documents the service provider shall prepare and send to the service recipient the result of rendering the public service in the form of a motivated refusal in rendering the public service, in the form of an electronic document signed by the EDS of the service provider’s authorized person on the same business day upon submission or failure to submit documents.
14. In the case of provision of a public service via the State Corporation on paper, the day of receipt of applications and documents shall not be included in the term of provision of the public service.
When a service recipient applies after working hours, on weekends and public holidays in compliance with the labour legislation of the Republic of Kazakhstan, applications shall be accepted on the next business day.
In case the service recipient fails to provide a complete set of documents pursuant to the list provided by paragraph 8 of the public service standard, and (or) documents with expired validity, an employee of the State Corporation shall refuse to accept the application and issue a receipt on refusal to accept documents in the form according to Annex 4 to these Rules.
When a service recipient submits a complete set of documents - an employee of the State Corporation shall verify the documents submitted by the service recipient, accept them and issue a receipt on acceptance of relevant documents. Accepted documents shall be sent to the service provider by courier service.
On the day of receipt of the application, the service provider's office shall accept and register them, and then hand them over to the employee responsible for apostillation.
The service provider shall verify the signature and stamp specimen for their compliance with the document to be apostilled, as well as for compliance of the application and submitted documents with the requirements of the Convention and the Unified Rules.
After verification of the application and submitted documents received via the State Corporation within 2 (two) working days, stamp "apostille" shall be affixed to the document and the result of the public service shall be forwarded in the form of a document in paper format, signed by an authorized person of the Service Provider in obedience to Annex 3 to these Rules or a motivated refusal on the grounds provided by paragraph 9 of the public service standard.
15. In the State Corporation, the issuance of ready-made documents shall be carried out based on a receipt for the receipt of the relevant documents, upon presentation by the recipient of an identity card, or an electronic document from the digital document service (for identification) (or its representative acting based on a document issued in accordance with the civil law Republic of Kazakhstan, which indicates the relevant powers of the representative).
The State Corporation shall ensure storage of the documents, within 1 (one) month, after which it shall transfer them to the servicer for further storage.
When the service recipient applies after one (1) month, upon the request of the State Corporation, the Service Provider shall send the prepared documents to the State Corporation within one (1) business day for the issuance to the service recipient.
Footnote. Paragraph 15, as amended by the order acting Minister of Justice of the Republic of Kazakhstan dated 13.08.2021 No. 708 (shall come into effect ten calendar days after the day of its first official publication).Chapter 3. Procedure for appealing against decisions, actions (inaction) of the authorised body and (or) its officials concerning the provision of a public service
16. A complaint against decisions, actions (inaction) of the service provider and (or) their employees on the provision of public services shall be submitted to the head of the service provider.
The complaint of the service recipient, received by the service provider directly providing the public service, in accordance with paragraph 2 of Article 25 of the Law "On Public Services" is subject to consideration within five working days from the date of its registration.
The complaint of the service recipient, received by the authorized body for assessment and control over the quality of the provision of public services, is subject to consideration within fifteen working days from the date of its registration.
When applying through the portal, information on the procedure for appealing may be obtained by calling the unified contact center for the provision of public services.
Footnote. Paragraph 16 - as amended by the order of the Acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).17. Pre-trial consideration of a complaint on the provision of public services shall be carried out by a higher administrative body, an authorized body for assessing and monitoring the quality of public services (hereinafter referred to as the Body considering the complaint).
The complaint shall be submitted to the service provider, whose decision, and action (inaction) are being appealed.
The service provider, whose decision, or 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 case to the body considering the complaint.
At the same time, the service provider, whose decision, or action (inaction) is being appealed, has the right not to send a complaint to the body considering the complaint if it makes a decision or other administrative action within three working days that fully meets the requirements specified in the complaint.
Unless otherwise provided by law, the appeal to the court is allowed after an appeal in the pre-trial procedure.
Footnote. Paragraph 17 - as amended by the order of the Acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).18. Excluded by order of acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).
19. Excluded by order of acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).
20. Excluded by order of acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).
21. Excluded by order of acting Minister of Justice of the Republic of Kazakhstan dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).
Footnote. Annex 1 as amended by orders of the Minister of Justice of the Republic of Kazakhstan dated December 23, 2020 No. 775 (shall come into effect ten calendar days after the day of its first official publication); No. 708 dated August 13, 2021 (shall come into effect ten calendar days after the day of its first official publication); dated September 28, 2021 No. 841 (shall come into effect ten calendar days after the day of its first official publication).
Application letter for affixing an apostille
I hereby ask you to affix an apostille to____________________________________________
(name and content of the document) ____________________________________________,
(issue date and issuing authority)
Issued by: ___________ _____________________________________________________
(Surname, name and patronymic (if stated in identity documents) of the notary\ official who signed the document)
An apostille to the document is required for presenting it to the authorities
__________________________________________________________________________
(the name of the country where the document is being sent)
To verify amended personal details in the Republic of Kazakhstan or
information proving the relationship (depending on the document to be apostilled)
__________________________________________________________________________
(indicate when the relevant entry has been registered, what details have been changed, the degree of kinship, the name of the registering authority and others)
The following documents are enclosed: _________________________________________
__________________________________________________________________________
I hereby give consent to the use of legally protected information,
contained in information systems
__________ "__" ____ 20 __
(signature) ________________________________________________________________
Surname, name, patronymic (if stated in identity documents)of the official, who has stamped the apostille)
No. pursuant to the journal_______________________
Return receipt of refusal to accept documents
Guided by paragraph 2 of Article 20 of the Law of the Republic of Kazakhstan of April 15, 2013 “On Public Services”, Department No. _____ of the branch of the State Corporation Government for Citizens Non-Commercial Joit-Stock Company (specify address) hereby refuses to accept documents for the provision of the public service “Apostillation of Official Documents Issued by the Justice Authorities and Other Public Bodies as well as Notaries of the Republic of Kazakhstan” due to your failure to submit a complete set of documents pursuant to the list provided for in the standard public service and (or) documents with expired validity, namely:
Name of missing and/or expired documents:
1) ________________________________________;
2) ________________________________________;
3) ________________________________________;
This return receipt is drawn up in 2 copies, one for each party.
________________________________________________________________________
(Surname, name, patronymic (if stated in identity documents)
of the official of the State Corporation)
Document originator: Surname, name, patronymic (if stated in identity documents)
_____________ Phone: __________
Received. by:
Surname, name, patronymic (if stated in identity documents) of the service recipient)
_________________
"___" _________ 20__
Annex 2 to order of the Minister of Justice of the Republic of Kazakhstan No. 58 dated May 27, 2020 |
List of certain repealed orders of the Minister of Justice of the Republic of Kazakhstan
1) Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30, 2015 “On Approval of the Regulations of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 11685, published in Adilet Information and Legal System on August 13, 2015);
2) Order No. 93 of the Minister of Justice of the Republic of Kazakhstan of February 23, 2016 “On Amendments to Order of the Minister of Justice of the Republic of Kazakhstan No. 367 of June 30, 2015 “On Approval of Regulations of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 13235, published in Adilet Information and Legal System on March 1, 2016);
3) Order No. 1107 of the Minister of Justice of the Republic of Kazakhstan dated December 2, 2016 “On Amendments to Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 14485 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on December 14, 2016);
4) Order No. 1001 of the Minister of Justice of the Republic of Kazakhstan dated August 7, 2017 “On Amendments to Order No. 367 of the Minister of Justice of the Republic of Kazakhstan dated June 30. 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 15466 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on August 17, 2017);
5) Order No. 1090 of the Acting Minister of Justice of the Republic of Kazakhstan of July 13, 2018 “On Amending Order No. 367 of the Minister of Justice of the Republic of Kazakhstan of June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 17203, published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on July 23, 2018);
6) Order No. 26 of the Minister of Justice of the Republic of Kazakhstan of January 17, 2019 “On Amending Order of the Minister of Justice of the Republic of Kazakhstan No. 367 of 30 June 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 18207, published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on January 29, 2019);
7) Order No. 472 of the Acting Minister of Justice of September 20, 2019 “On Amendments to Order No. 367 of the Minister of Justice of June 30, 2015 “On Approval of the Regulation of the Public Service “Apostillation of Official Documents Issued by Judicial Authorities and Other Public Bodies, as well as Notaries of the Republic of Kazakhstan” (registered with the Register of State Registration of Regulatory Legal Acts under No. 19403 and published in the Reference Control Bank of the Regulatory Legal Acts of the Republic of Kazakhstan on September 24, 2019).