The rules for legalization of documents

On approval of the Rules for legalization of documents

Unofficial translation

Order Acting Of the Minister of Foreign Affairs of the Republic of Kazakhstan of December 6, 2017 No. 11-1-2 / 576. Registered in the Ministry of Justice of the Republic of Kazakhstan on December 25, 2017 No. 16116.

      Unofficial translation

      In accordance with paragraph 62 of the Consular Charter of the Republic of Kazakhstan, approved by the Decree of the President of the Republic of Kazakhstan dated April 25, 2016 No. 240, and Article 10, subparagraph 1) of the Law of the Republic of Kazakhstan dated April 15, 2013 “On public services,” I hereby ORDER:

      Footnote. The preamble – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. To approve the Rules for legalization of documents in accordance with Annex 1 to this order.
  2. Certain orders of the Minister of Foreign Affairs of the Republic of Kazakhstan shall be deemed to have lost force in accordance with Annex 2 to this order (not translated).
  3. The Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan shall:

       1) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, ensure the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

       2) within ten calendar days from the date of state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, send its copy in paper and electronic form both in the Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan; 

       3) within ten calendar days after the state registration of this order, send its copy to the periodic printed publications for official publication;

       4) place this order on the Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan;

       5) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, submit the information on execution of activities to the Office of Legal Expertise of the Ministry of Foreign Affairs of the Republic of Kazakhstan, in accordance with subparagraph 1), 2), 3), 4) of this paragraph.

  1. The supervising Vice-Minister of Foreign Affairs of the Republic of Kazakhstan shall be authorized to oversee the implementation of this order.
  2. This order shall be enforced upon expiry of ten calendar days after its first official publication.

      Acting

      Minister of Foreign Affairs

      of the Republic of Kazakhstan

М. Tleuberdy

 

Annex 1
to Order No. 11-1-2/576 of the
Acting Minister of Foreign Affairs
of the Republic of Kazakhstan
dated December 6, 2017

Rules for legalization of documents
Chapter 1. General provisions

  1. The rules for legalization of documents (hereinafter – the Rules) developed in accordance with paragraph 62 of the Consular Charter of the Republic of Kazakhstan, approved by Decree No. 240 of the President of the Republic of Kazakhstan of April 25, 2016 and determine the procedure for legalization of documents.

      1-1. These Rules shall regulate the procedure for the provision of the public service “Legalization of documents” (hereinafter referred to as the public service) in accordance with Article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 “On public services.

      Footnote. Rules as added by the paragraph 1-1 in accordance with the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. Legalization of documents represents the authentication and certification of signature of an official and seal on such documents with the purpose to use them in other country.
  2. Legalization of documents shall be carried out:

       1) on the territory of the Republic of Kazakhstan – by the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan (hereinafter – the Department of Consular Service);

       2) outside the Republic of Kazakhstan – by the foreign institutions of the Republic of Kazakhstan (hereinafter – the foreign institution).

  1. Functions for the legalization of documents shall be assigned to:

       1) the authorized employees of the diplomatic service (hereinafter – the authorized employee) in the Department of Consular Service;

       2) in foreign institutions – to consular officer (hereinafter – the consul).

  1. Excluded by the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  2. International treaties ratified by the Republic of Kazakhstan shall have the priority over its laws. The procedure and terms of validity on the territory of the Republic of Kazakhstan of international treaties to which the Republic of Kazakhstan is a party shall be determined by the legislation of the Republic of Kazakhstan.

 Chapter 2. The procedure for legalization of documents

  1. In order to legalize documents, an individual or legal entity (hereinafter referred to as the applicant) shall submit to the Department of Consular Service or Foreign Office an application in an arbitrary form with the following documents attached:

      for an individual:

      1) a copy of the identity document (original for verification);

      2) document to be legalized;

      3) original document confirming payment of consular fee;

      for a legal entity:

      1) a copy of the document confirming the identity of the authorized person (original for verification);

      2) document to be legalized;

      3) original document confirming payment of consular fee.

      4) copies of constituent documents (original for verification);

      5) a copy of the authorization document (original for verification).

      For legalization, the originals of documents, as well as their notarized copies, shall be accepted.

      Documents issued by foreign organizations and institutions must be translated and notarized in the state or Russian language.

      Documents certified by notaries of the Republic of Kazakhstan and intended for performing actions outside the Republic of Kazakhstan must comply with the requirements established by Chapter 10 of the Rules on Notarial Records, approved by Order No. 32 of the Minister of Justice of the Republic of Kazakhstan dated January 31, 2012 (registered in the Register of State Registration of Regulatory Legal Acts No. 7445).

      If the applicant provides an incomplete package of documents according to the list provided by this paragraph of the Rules and (or) documents with expired validity, the authorized employee or consul refuses to accept the application and issues a receipt refusing to accept the documents.

      The list of the main requirements for the provision of public service, including the characteristics of the process, the form, content and result of the provision, as well as other information taking into account the peculiarities of the provision of public service shall be given in the standard of the public service “Legalization of documents” according to Annex 1 to these Rules.

      Footnote. Paragraph 7 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. When the applicant submits all the necessary documents to the Department of Consular Service or foreign office, confirmation of the acceptance of the application on paper is a mark on its copy indicating the date of its receipt, the name, first name, patronymic (if any) of the person receiving the document package.

      Footnote. Paragraph 8 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. Legalization of documents shall be carried out within 3 working days from the date of filing application, and in the case of necessity for additional study or verification, the period may be extended by no more than 30 calendar days.
  2. The Department of Consular Service carries out legalization of:

       1) documents outgoing from organizations and institutions of the Republic of Kazakhstan, notaries and persons authorized to take actions to certify documents intended for presentation outside the Republic of Kazakhstan;

       2) documents outgoing from foreign organizations and institutions, if they have been previously legalized in a diplomatic mission or consular office of a foreign state of origin of documents accredited in the Republic of Kazakhstan;

       3) documents outgoing from foreign organizations and institutions, if they have been previously legalized in a diplomatic mission or consular office of a foreign state of origin of documents accredited in the Republic of Kazakhstan, performing part-time representation of a foreign state of origin of documents in the Republic of Kazakhstan.

  1. To perform legalization of documents, the Department of Consular Service shall use the available samples of signatures and seals of:

       1) officials of state agencies of the Republic of Kazakhstan, notaries and persons authorized to take actions to certify documents;

       2) officials authorized to perform the legalization of documents in foreign diplomatic missions and consular offices accredited in the Republic of Kazakhstan.

       In the absence of relevant samples of signatures and seals, the Department of Consular Service shall send a request to the authorized body.

  1. The authorized employee, having made sure that the document submitted for legalization shall be in accordance with these Rules, shall legalize the document by placing the legalization inscription of the Department of Consular Service on the document itself in form, in accordance with Annex 2 to these Rules.

      Footnote. Paragraph 12 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. The consul shall accept documents outgoing from:

       1) the authorities of the receiving state, if they have been preliminary legalized in accordance with the laws of the receiving state;

       2) foreign organizations and institutions, if they have been preliminary legalized in a diplomatic mission or consular office of a foreign state accredited in the receiving state;
3) organizations and institutions of the Republic of Kazakhstan and intended for presentation outside the Republic of Kazakhstan.

  1. To perform legalization of documents, the consul shall use the available samples of signatures and seals of:

       1) officials of the authorities of the receiving state authorized to perform legalization of documents outgoing of organizations and institutions of the receiving state;

       2) officials authorized to perform legalization in diplomatic missions and consular offices of foreign states accredited in the receiving state. 

       In the absence of relevant samples of signatures and seals, the foreign institution shall send a request to the authorized body. 

  1. In the case of income from individuals, organizations and institutions for the legalization documents drawn up in the Republic of Kazakhstan but not legalized in the Department of Consular Services, the consul must submit such documents to the Department of Consular Services to determine the authenticity of signatures and seals on these documents. Upon receiving a positive response, the consul shall legalize such documents in the manner prescribed by these Rules. 
  2. In cases where the documents received in the Republic of Kazakhstan but not legalized in the Department of Consular Service were received by the consul in order to obtain documents from the Republic of Kazakhstan, and if the laws of the receiving state requires the legalization of such documents, the consul shall legalize them. 
  3. The consul, having made sure that the document submitted for legalization is in accordance with these Rules, shall legalize the document by placing the legalization inscription of a foreign institution on the document itself in form, in accordance with Annex 3 to these Rules.

      Footnote. Paragraph 17 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. Public service may be refused on the following grounds:

      1) establishment of inaccuracy of documents submitted by the applicant for receiving the public service and (or) data (information) contained in them;

      2) non-conformity of the applicant and (or) submitted data and information necessary for the provision of public service to the requirements established by these Rules.

      Footnote. Paragraph 18 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. Legalization inscription shall be made on the document itself, and in cases of absence on the document of the place, on a separate sheet, fastened with it, with the stamp and signature of the person who committed the legalization of the document.

       It shall be permitted to make a legalization inscription with a mastic stamp.

  1. The Department of Consular Services and foreign institutions shall maintain registers of documents legalized in accordance with Annex 4 to these Rules.

      Footnote. Paragraph 20 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. The authorized employee and consul shall ensure the entry of data into the information system for monitoring the provision of public services on the stage of the provision of public services in accordance with the procedure established by the authorized body in the field of informatization.

      Footnote. Rules as added by the paragraph 21 in accordance with the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  1. A complaint against the decisions, actions (inactions) of an authorized employee or consul for the provision of public services may be filed with the head of the Ministry of Foreign Affairs of the Republic of Kazakhstan or a foreign institution and/or with the authorized body for the assessment and control of the quality of public services, in accordance with the legislation of the Republic of Kazakhstan.

      In the complaint:

      1) of an individual – the last name, first name, patronymic (if any), postal address shall be indicated;

      2) legal entity – its name, postal address, outgoing number and date.

      The complaint shall be signed by the applicant.

      In accordance with Article 25, paragraph 2 of the Law of the Republic of Kazakhstan “On Public Services” dated April 15, 2013, the applicant’s complaint to an authorized employee or consul directly providing public services shall be considered within five working days of its registration.

      The applicant’s complaint to the authorized body for assessing and monitoring the quality of public services shall be subject to consideration within fifteen working days from the date of its registration.

      In cases of disagreement with the results of the provision of public services, the applicant shall have the right to apply to the court in the manner prescribed by the legislation of the Republic of Kazakhstan.

      Footnote. Rules as added by the paragraph 22 in accordance with the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 № 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

 

Annex 1 to Rules
for legalization of documents

Public service standard “Legalization of documents”

      Footnote. Rules added with Annex 1 according to the order of the Minister of Foreign Affairs of RK dated 29.04.2020 No. 11-1-4/141 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

1

Name of the service provider

Ministry of Foreign Affairs of the Republic of Kazakhstan and foreign institutions of the Republic of Kazakhstan (hereinafter referred to as the service provider)
 

2

Ways of public service provision

Acceptance of documents and issuance of the results of public service provision shall be carried out through the service provider. 

3

Period of public service provision

1) from the date of submission of the package of documents to the service provider by the individual or legal entity (hereinafter referred to as the service recipient)  – 3 (three) working days, and if additional examination or verification is necessary, the period may be extended by no more than 30 (thirty) calendar days, while the service recipient is notified in writing about the extension of the terms;
2) maximum allowed waiting time in the queue to submit a package of documents – 30 minutes;
3) the maximum allowable service time – 10 minutes.

4

Form of public service provision

Paper

5

Results of public service provision

Legalization of the submitted document, or a reasoned response to the refusal to provide public service.
Form of the result of public service provision: paper.

6

The amount of payment charged to the service recipient in the public service provision and the methods of its collection in cases provided by the legislation of the Republic of Kazakhstan

Public service shall be provided to recipients on a paid basis at consular fees in accordance with the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other mandatory payments to the budget (Tax Code) “and rates of consular fees levied on the territory of the Republic of Kazakhstan,” approved by the Decree of the Government of the Republic of Kazakhstan dated February 20, 2019 No. 74 and rates of consular fees for consular actions in the territory of a foreign state, approved by Order of the Minister of Foreign Affairs of the Republic of Kazakhstan dated May 20, 2019 No. 11-1-4/227.
Payment of the consular fee shall be made in cash or cashless form through second-tier banks or organizations carrying out certain types of banking operations.
Public service can be provided free of charge at the request of foreign diplomatic missions and consular offices, as well as international organizations on the basis of the principle of reciprocity in accordance with the Code of the Republic of Kazakhstan dated December 25, 2017 “On taxes and other mandatory payments to the budget (Tax Code).”

7

Work schedule

From Monday to Friday, in accordance with the established work schedule from 9:00 to 18:30 with a break for lunch from 13:00 to 14:30, with the exception of weekends and holidays, according to the Labor Code of the Republic of Kazakhstan dated November 23, 2015.
Acceptance of documents and issuance of the results of public service provision shall be carried out from 09:00 to 17:30.
For service providers outside the Republic of Kazakhstan, documents shall be accepted from 09:30 to 12:30, and the results of public service shall be issued from 16:00 to 17:00.
Wednesday – an unacceptable day.
The public service shall be provided in the order of the queue, it shall be possible to book the queue through the Internet resource of the service provider (if any), without accelerated service.
Addresses of public service shall be located on the Internet resource of the Ministry: www.mfa.gov.kz.

8

List of documents required for public services provision

In case of personal application of the service recipient or his legal representative with the provision of documents confirming the authority to represent, to the service provider:
for an individual:
1) application in arbitrary form;
2) a copy of the identity document (original for reconciliation);
3) document to be legalized;
4) original document confirming payment of consular fee.
for a legal entity:
1) application in arbitrary form;
2) a copy of the document confirming the identity of the authorized person (original for reconciliation);
3) document to be legalized;
4) original document confirming payment of consular fee;
5) copies of constituent documents (original for reconciliation);
6) a copy of the document confirming the authority (original for reconciliation).

9

Grounds for refusal to provide public services established by the legislation of the Republic of Kazakhstan

1) establishment of inaccuracy of documents submitted by the service recipient for receiving the public service and (or) data (information) contained in them;
2) non-conformity of the service recipient and (or) the submitted data and information necessary for the public service provision to the requirements established by these Rules.

10

Other requirements taking into account the peculiarities of public service provision, including those provided in electronic form and through the State Corporation

The service recipient shall have the opportunity to obtain information on the procedure and status of public service provision through a unified contact point for public service provision.
The contact numbers of reference services for the public service provision shall be indicated on the Internet resource www.mfa.gov.kz., section “Public services,” a unified contact center for the public service provision: 1414, 8 800 080 7777.

 

Annex 2 to Rules
for legalization of documents,
approved by the order
of the Acting
Minister of Foreign Affairs
of the Republic of Kazakhstan
dated December 6, 2017
№ 11-1-2/576

      Footnote. The right top corner of Annex 1 – in the wording of the order of the Minister of Foreign Affairs of RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of  ten calendar days after the day of its first official publication).

 Legalization inscription of the Department of Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan

      Осы құжат Қазақстан Республикасы Сыртқы істер министрлігінің Консулдық қызмет департаментінде заңдастырылды.

      This document shall be legalized in the Department of the Consular Service of the Ministry of Foreign Affairs of the Republic of Kazakhstan

      ___________ “___”, 20___ 

      № _____________

      Лауазымды қызметкер/official

      ______________________

      Лауазымды қызметкер құжатта баяндалған фактілерді растамайды. 

      The official shall not confirm the fact stated in the document

 

Annex 3 to Rules
for legalization of documents,
approved by the order
of the Acting
Minister of Foreign Affairs
of the Republic of Kazakhstan
dated December 6, 2017
№ 11-1-2/576

      Footnote. The right top corner of Annex 2 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of  ten calendar days after the day of its first official publication).

 Legalization inscription of the foreign institution of the Republic of Kazakhstan

      Осы құжат ________________________ заңдастырылды.

      (Қазақстан Республикасының шет елдегі

      Мекемесінің атауы)

      This document shall be legalized in _______________________.

      (name of the embassy/ consulate/consulate of the

      Republic of Kazakhstan)

      20___жылғы “___” ______________,

      № _____________

      ______________”___”, 20___,

      № _____________



      Консулдық лауазымды тұлға/consular officer ____________________

      Консулдық лауазымды тұлға құжатта баяндалған фактілерді растамайды.

      Consular officer shall not confirm the facts stated in the document

 

Annex 4 to Rules
for legalization of documents,
approved by the order
of the Acting
Minister of Foreign Affairs
of the Republic of Kazakhstan
dated December 6, 2017
№ 11-1-2/576

      Footnote. The right top corner of Annex 3 – in the wording of the order of the Minister of Foreign Affairs of the RK dated 29.04.2020 No. № 11-1-4/141 (shall enter into force upon expiry of  ten calendar days after the day of its first official publication).

 Register of documents having been legalized

№ r/n

Legalization date

Name of the document to whose name, by whom and when issued, issue date and number

Last name, name, patronymic (if any) of the applicant

applicant’s passport number, by whom and when issued

Amount of consular fees

Receipt number

Applicant’s signature

Authorized employee/consul






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