Unofficial translation
In accordance with subclause 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 "On State Services", I HEREBY ORDER:
1. To approve the Rules for provision of the state service “Issuance of a travel document” according to Appendix 1 to this order.
2. To recognize as invalid certain orders of the Minister of Internal Affairs of the Republic of Kazakhstan according to Appendix 2 to this order.
3. The Committee of Migration Service of the Ministry of Internal Affairs of the Republic of Kazakhstan shall ensure:
1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;
3) within ten working days after state registration of this order with the Ministry of Justice of the Republic of Kazakhstan submission to the Legal Department of the Ministry of Internal Affairs of the Republic of Kazakhstan of information about implementation of measures, stipulated by subclauses 1) and 2) of this clause.
4. Control over execution of this order shall be entrusted to the supervising Deputy Minister of Internal Affairs of the Republic of Kazakhstan and the Committee of Migration Service of the Ministry of Internal Affairs of the Republic of Kazakhstan (Kabdenov M.T.).
5. This order shall be enforced from January 1, 2022 and is subject to official publication.
|
Minister of Internal Affairs of the Republic of Kazakhstan |
Ye.Turgumbayev |
“APPROVED”
Ministry of Digital Development,
Innovations and Aerospace Industry
of the Republic of Kazakhstan
| Appendix 1 to the order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 5, 2021 № 134 |
Rules for provision of the state service “Issuance of a travel document” Chapter 1. General provisions
1. These Rules for Providing a State Service “Issuance of a Travel Document” (hereinafter - Rules) have been drawn up in line with sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan “On State Services” (hereinafter - the Law) and establish the procedure for rendering a state service ‘Issuance of a Travel Document’ to persons who have been granted refugee status for travelling outside the territory of the Republic of Kazakhstan.
Footnote. Paragraph 1 - as revised by order № 576 of the Minister of Internal Affairs of the Republic of Kazakhstan of 24.07.2024 (shall come into effect after ten calendar days from the date of its first official publication).2. In these Rules, the following concepts are used:
1) refugee – a foreigner, which in view of a well-founded fear of being persecuted on ground of race, nationality, religion, citizenship, affiliation to particular social group or political opinions, is outside the country of his (her) citizenship and is unable to enjoy protection of his (her) country, or does not wish to enjoy such protection, in consequence of such fears, or a person without citizenship residing outside his (her) country of permanent place of residence or citizenship, who are unable or unwilling to return to it in consequence of these fears;
2) refugee certificate – a document, certifying personality and confirming the refugee’s status;
3) travel document – a document, issued to the person, to whom the refugee’s status to travel outside the territory of the Republic of Kazakhstan is awarded;
4) electronic form sheet – a form with a number and a bar code for the production of identity documents (except for a refugee certificate) is executed and filled out using the application software “Registration Section “Documentation and Registration of Foreigners” (hereinafter referred to as the RS DRF).
3. A travel document shall be executed by a territorial division of migration service at the place of registration of the documented person through RS DRF.
4. A travel document shall be issued for the validity period of one year, therewith for refugees the validity period of a travel document shall not exceed the validity period of a refugee certificate.
Chapter 2. Procedure for the provision of a state service
5. The state service “Issuance of a travel document” (hereinafter referred to as the state service) shall be provided by the territorial bodies of police (hereinafter referred to as the service provider.
6. To obtain a state service by personal application a natural person (hereinafter - the service recipient) shall file a package of documents with the service provider via the Government for Citizens State Corporation Non-Commercial Joint-Stock Company (hereinafter - the State Corporation) pursuant to the list of basic requirements for the provision of the state service “Issuance of a Travel Document” (hereinafter - the List), as per the Appendix to these Rules (for children and citizens recognised by a court as legally incapable, their lawful representatives (parents, guardians, custodians) accompanied by documents confirming their authority for representation.
The list of basic requirements for rendering a state service, including the specifics of the process, form, content and result of rendering, as well as other information, with due regard to the features of rendering a state service, are set out in the List.
Footnote. Paragraph 6 - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall take effect upon expiry of ten calendar days from the date of its first official publication).7. On the day of the application, the authorized employee receives documents, checks for compliance with the list, identifies the service recipient by RS DRF, registers the application, fills out the electronic form sheet, photographs the documented person.
When photographing, headwear is not allowed, except for covering the head for religious or medical reasons, in which case the face remains open from the lower border of the chin to the forehead, shadows from the headdress on the face are not allowed. The eyes are open, clearly visible and not covered by hair. The frame of the glasses does not cover the eyes, reflective and sunglasses are not allowed. In addition, photographs of the documented person in uniform are not allowed. The photo corresponds to the age of the service recipient at the time of registration.
When providing a state service through RS DRF, photographing the service recipient is carried out in RS DRF according to the photo samples established by Appendix 2 to the Rules for the provision of state services on documenting and registering the population of the Republic of Kazakhstan, approved by order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 30, 2020 267 (registered in the Register of State Registration of Regulatory Legal Acts № 20192) and without payment.
The photographic image of the service recipient is entered into the electronic form by photographing, the signature of the service recipient - through a signature scanner.
The information entered in the RS DRF is certified by the service provider's EDS, the service recipient is issued an electronic application registration coupon.
8. When applying to the State Corporation, the day of receipt of documents is not included in the period for the provision of the state service, while the result of the provision of the state service by the service provider is provided to the State Corporation one day before the end of the period for the provision of the state service.
9. In case of applying through the portal, the service recipient is sent to the "personal account" information on the status of consideration of the request for the provision of state services, as well as a notification indicating the date and time of receipt of the result of the state service.
10. Within two working days from the day of receipt of the service recipient's documents, the service provider shall verify the completeness of the documents filed.
In instances when the service recipient files an incomplete set of documents as per the list approved by these Rules, and (or) documents with expired validity period, the service provider shall refuse to accept an application.
Footnote. Paragraph 10 - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall be put into effect upon expiry of ten calendar days from the date of its first official publication).11. When the service recipient files a full set of documents, the service provider shall forward the executed electronic form to the central centre of the DRF RS within one working day.
Upon receipt of the electronic form at the central hub, an official of the Migration Service Office of the Police Departments of Astana, Almaty and Shymkent cities, regions (hereinafter referred to as MSO) shall verify the accuracy and validity of filling in the electronic form within one working day.
Should there be grounds for refusal envisaged in paragraph 9 of the List, the service provider shall notify the service recipient of the tentative decision to refuse to render a state service, as well as the time and venue (method) of the hearing to enable the service recipient to express his/her position on the tentative decision.
The service recipient shall be notified by the service provider of the hearing in advance, but not less than 3 (three) working days prior to the day of adoption of the administrative act. The hearing shall be held not later than 2 (two) working days from the date of notification.
Following the results of the hearing, the service provider shall decide on their satisfaction and send an electronic form for the issuance of an identity document or decide on a full or partial refusal to render a state service.
Footnote. Paragraph 11 - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall become effective upon expiry of ten calendar days from the date of its first official publication).12. If there are no violations, the form sheet shall be sent to the Migration Service Committee of the Ministry of Internal Affairs (hereinafter - MSC). Within one working day, an MSC employee shall verify the correctness and validity of filling out the forms received from DMS, checks the service recipients in the database for persons who are on the wanted list.
In case of violations, the form sheet must be returned for revision, indicating the reason for the return.
13. If there are no violations, the electronic form sheet shall be sent to the Republican State Enterprise on the Right of Economic Management “Information Production Center” of the Ministry of Internal Affairs of the Republic of Kazakhstan (hereinafter referred to as the RSE “IPC”).
14. RSE “IPC” within five working days, shall produce documents, sent them to MSC together with the register of produced documents and a copy of a consolidated register.
15. Within five working days, an MSC employee registers the produced documents, forms a register for dispatch, sends the register for sending to DMS together with registers of prepared documents, finished documents.
16. Within one working day, a DMS employee sends registers of prepared documents along with finished documents to city, district internal affairs bodies.
17. Not later than one day before the expiration of the state service, the OMS employee sends the registers of the produced documents together with the finished documents to the State Corporation.
18. Issuance of finished documents shall be carried out by employees of the State Corporation on the basis of an application registration coupon upon personal application to the State Corporation of the service recipient or his legal representative with the provision of documents confirming the authority to represent, or to an attorney on a notarized power of attorney to carry out the actions provided for by the authority.
The issuance of the result of the provision of a state service in the State Corporation shall be carried out in the order of "electronic queue", without expedited service, it is possible to book an "electronic queue" through the portal.
If the service recipient has not applied for the result of the state service, the State Corporation shall ensure the storage of the travel document for one year from the date of production, thereafter shall transfer it to the service provider for destruction.
19. Excluded by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall be enacted after ten calendar days from the date of its first official publication).20. The service provider shall ensure entering of data to the information system of monitoring of rendering of the state services on the stage of rendering of the state services in the manner established by the authorized body in the scope of informatization, according to subclause 11) of clause 2 of Article 5 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services”.
21. In case of a failure of the information system, in the absence of a communication channel or other circumstances that prevent the sending of messages, the authorized division of the service provider, immediately from the moment the occurrence of technical failures is detected, takes measures to identify and eliminate these causes (on working days from 09:00 to 18:30 hours).
Each case of an emergency, leading to a delay in sending messages for more than one hour, shall be recorded by the responsible executor of the authorized division of the service provider in a special log.
22. The grounds to refuse to render a state service, prescribed by the legislation of the Republic of Kazakhstan shall be specified in the List.
Footnote. Paragraph 22 - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall enter into force upon expiry of ten calendar days from the date of its first official publication). Chapter 3. Procedure for appealing decisions, actions (inaction) of central state bodies,
as well as service providers and (or) their officials on the provision of state services
23. A complaint regarding the delivery of state services shall be examined by a superior administrative body, an official authorised by the body for evaluation and control over the quality of delivery of state services (hereinafter - the body considering the complaint), under Article 91 of the Administrative and Procedural Code of the Republic of Kazakhstan.
The complaint shall be lodged with the service provider and (or) the official whose decision, action (inaction) is being appealed against.
Not later than three working days from the date of receipt of the complaint, the service provider, the official whose decision, action (inaction) is being appealed shall forward it and the administrative file to the body examining the complaint.
Herewith, the service provider, official, whose decision, action (inaction) is being appealed, may not send the complaint to the body examining the complaint, if it adopts a decision or other administrative action within three working days, fully satisfying the requirements specified in the complaint.
Pursuant to paragraph 2 of Article 25 of the Law, the service recipient's complaint received by the service provider shall be examined within 5 (five) working days from the day of its registration.
A complaint of a service recipient received by the competent authority for evaluation and control over the quality of rendering state services shall be examined within 15 (fifteen) working days from the date of its registration.
If not otherwise envisaged by the law, appeal to the court shall be possible after appealing in the pre-trial order.
Footnote. Paragraph 23 - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall come into effect after ten calendar days from the date of its first official publication).| Appendix to the Rules of Rendering the State Service “Issuance of Travel Document” |
Footnote. Appendix - as revised by order of the Minister of Internal Affairs of the Republic of Kazakhstan № 576 of 24.07.2024 (shall be enacted after ten calendar days from the date of its first official publication).
List of Basic Requirements for the Delivery of the State Service “Issuance of a Travel Document” | ||
1 | Name of the service provider | Territorial police authorities. |
2 | Ways of rendering the state service (access channels) | Receipt of documents and issuance of the result of rendering the state service shall be effected via the service provider in the State Corporation. |
3 | Term of rendering the state service |
17 working days. |
4 | Form of rendering a state service | On paper. |
5 | Result of rendering of the state service |
Issuance of a travel document or a motivated refusal to render a state service. |
6 | The amount of payment charged from the service recipient when rendering a state service and methods of its collection in cases envisaged by the legislation of the Republic of Kazakhstan. |
A state fee shall be charged for the delivery of the state service equal to 8 monthly calculation indices as per sub-paragraph 3) of Article 615 of the Code of the Republic of Kazakhstan of December 25, 2017 “On Taxes and Other Obligatory Payments to the Budget” (Tax Code). |
7 | Working hours |
1) the service provider - from Monday to Friday (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 (Saturday, Sunday) and public holidays under the labour legislation of the Republic of Kazakhstan. |
8 | List of documents required for rendering the state service |
When applying to the service provider via the State Corporation: |
9 | Grounds for refusal to render a state service, established by the legislation of the Republic of Kazakhstan |
Under Article 19-1 of the Law of the Republic of Kazakhstan ‘On State Services’, the delivery of a state service shall be refused in case of: |
10 | Other requirements with due regard to the specifics of the delivery of state services. |
1) The service recipient has a possibility to get information on the procedure and status of rendering a state service in the remote access mode via the unified contact centre for the provision of state services or via a ‘personal cabinet’ on the portal; |
| Appendix 2 to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 5, 2021 № 134 |
List of certain invalidated orders of the Minister of Internal Affairs of the Republic of Kazakhstan
1. Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 24, 2015 № 391 On approval of the Rules for Issuance of a Travel Document” (registered with the Register of state registration of regulatory legal acts as № 11202, Published on June 19, 2015 in the Information Legal System “Adilet”);
2. Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated March 30, 2020 № 264 On amendments to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 24, 2015 № 391 On approval of the Rules for Issuance of a Travel Document of Refugees” (registered with the Register of state registration of regulatory legal acts as № 20194, Published on April 2, 2020 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan ).
