Unofficial translation

      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. That the attached Rules for the Provision of Public Service “Apostillation of Official Documents Issued by Educational Organisations” shall be approved.

      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hereto, certain orders of the Minister of Education and Science of the Republic of Kazakhstan shall be declared to be no longer in force.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.

Rules for the Provision of Public Service “Apostillation of Official Documents Issued by Educational Organisations”

Chapter 1. General provisions

      1. These Rules for the Provision of Public Service “Apostillation of Official Documents Issued by Educational Organisations” (hereinafter - a public service) have been developed according to sub-paragraph 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On Public Services” and 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 Abolishing the Requirement of Legalization of Foreign Public Documents, Made in the Hague City on October 5, 1961” and determine the procedure and conditions for affixing an apostille.

      2. The following definitions shall be used in these Rules for the provision of public services "Apostillation of official documents outgoing from organizations of education ":

      1) apostille - a special stamp certifying the authenticity of the signature of the person who signed the document and confirmation of its authority, as well as the authenticity of the seal or stamp with which this document has been sealed;

      2) public service standard - a list of basic 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.

      3) digital document 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 in order to implement state functions and public services arising from them, as well as when interacting with individuals and legal entities, receiving and providing services in electronic form.

      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 state service "Apostillation of official documents outgoing from educational organizations" (hereinafter referred to as the state service) shall be provided by the territorial departments of the Committee for Quality Assurance in the Field of Education and Science of the Ministry of Education and Science of the Republic of Kazakhstan (hereinafter referred to as the service provider) in accordance with these Rules.

Chapter 2. Procedure for provision of public service

      5. In order to receive a public service, the service recipients shall submit to the service provider via the web-portal of "e-government" (hereinafter - the portal) or via the State Corporation Government for Citizens Non-Profit Joint-Stock Company (hereinafter - the State Corporation) the documents specified in paragraph 8 of the public service standard “Apostillation of Official Documents Issued by Educational Organisations” (hereinafter - the Standard of the Public Service) according to Annex 1 to these Rules.

      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. In case the service recipient fails to submit a complete package of documents and (or) documents with expired period of validity, the employee of the State Corporation shall refuse to accept the documents, and issue a receipt on refusal to provide the state service, in the form, according to Annex 2 to the Public Service Standard with indication of date of issue.

      8. On the day of receipt of documents, an employee of department of branches of the State Corporation, located in oblast centres, Nur-Sultan, Almaty and Shymkent cities, shall prepare documents and hand them over to courier of the State Corporation for sending to the service provider. If departments of the branches of the State Corporation are located in other settlements, an employee (specialist) of the accumulation sector of the State Corporation shall prepare documents on the day of their receipt and provide sending documents to the service provider in hard copy via courier of the State Corporation or postal service within 2 (two) business days.

      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 applying the service recipient through the State corporation shall:

      1) the office of the service provider on the day of receipt of documents register them in a unified electronic document management system within 1 (one) working day and transfer them for execution to the responsible structural subdivision;

      2) the head of the responsible structural subdivision within 1 (one) working day unsubscribe the documents to the responsible employee;

      3) the employee of the responsible structural subdivision of the service provider within 1 (one) working day from the moment of registration of documents, verify the completeness of the submitted documents, if the service recipient provides an incomplete package of documents and (or) documents with expired validity, the employee of the responsible structural subdivision prepares a motivated refusal within the specified time frame;

      4) when the service recipient provides the full package of documents to the responsible structural subdivision of the service provider, the employee of the responsible structural subdivision draws up a request to the relevant educational organizations to confirm the authenticity of the educational documents and receive a response within 5 (five) working days;

      5) if the training in the organization of education is confirmed, the employee of the responsible structural subdivision apostolates the documents within 4 (four) working days, or prepares a motivated response to the refusal to provide public service.

      If there are grounds provided for in paragraph 9 of the standard, the service provider shall notify the service recipient of the preliminary decision on the refusal of the state service, as well as the time, place and method of hearing to enable the service recipient to express a position on the preliminary decision.

      A notice of hearing shall be sent no later than three (3) working days before the completion of the term of the state service. The hearing shall be held no later than two (2) working days from the date of notification.

      The notification (notification) shall be sent by registered mail with a notification of its delivery, a telephone or telegram, a text message by the subscriber's cellular number or electronic address or using other means of communication that ensure the recording of the notification or call.

      Based on the results of the hearing, the service provider decides to apostolate the document on education or on a motivated refusal to provide public service.

      6) after signing the documents by the head of the service provider within 1 (one) working day, responsible employee of the responsible structural subdivision within 1 (one) working day registers documents submitted for apostille in the registration book, then no later than one day before the expiration of the term sends the finished documents or a reasoned response to the refusal to provide public service through a courier or by postal service to the State corporation for issuance.

      11. When contacting the service recipient through the portal shall:

      1) the office of the service provider on the day of receipt of documents perform registration in the unified electronic document management system within 1 (one) working day and transfer it to the responsible structural subdivision for execution;

      2) the responsible structural subdivision within 1 (one) working day check for the completeness of education documents, if all fields are filled in on the portal and the applications are correctly attached, sends them for payment.

      If the service recipient does not pay, the service provider refuses to provide a public service.

      3) the employee of the responsible structural subdivision, after payment by the recipient, draws up a request to the relevant education organizations to confirm the authenticity of the education documents and receive a response within 5 (five) working days;

      4) if the training in the organization of education is confirmed, the employee of the responsible structural subdivision within 1 (one) working day sends a notification through the portal to the "personal account" of the service recipient about the provision of the original documents for apostillation through the State corporation at the location for apostillation within 4 (four) working days, or prepares a reasoned response on refusal to provide public service.

      If there are grounds provided for in paragraph 9 of the standard, the service provider shall notify the service recipient of the preliminary decision on the refusal of the state service, as well as the time, place and method of hearing to enable the service recipient to express a position on the preliminary decision.

      A notice of hearing shall be sent no later than three (3) working days before the completion of the term of the public service. The hearing shall be held no later than two (2) working days from the date of notification.

      The notification (notification) shall be sent by registered mail with a notification of its delivery, telephone or telegram, or through the portal to the "personal account," by text message by the subscriber's cellular number or by e-mail or using other means of communication that ensure the recording of the notification or call.

      Based on the results of the hearing, the service provider shall decide to apostolate the document on education or on a motivated refusal to provide public service.

      5) the responsible employee of the responsible structural subdivision after signing the documents for the apostille delivery 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 ready documents for issuance through a courier or by mail no later than a day before the expiration of the state service to the State corporation.

      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 Standard.

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.

      18. Unless otherwise provided by law, appeal to the court is allowed after appeal in pre-trial order

      Footnote. Annex 1 – 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).

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).