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.

      “APPROVED”
Ministry of Digital Development,
Innovations and Aerospace Industry
of the Republic of Kazakhstan

Rules for provision of the state service “Issuance of a travel document”

Chapter 1. General provisions

      1. These Rules for provision of the state service “Issuance of a travel document” (hereinafter referred to as the Rules) have been developed in accordance with subclause 1) of Article 10 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services” and shall determine the procedure for provision of the 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, as well as foreigners and stateless persons subject to readmission or expulsion from the territory of the Republic of Kazakhstan, in case of loss of a foreign passport during their stay in the Republic of Kazakhstan or expiration period of validity of a foreign passport for departure from the Republic of Kazakhstan.

      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 receive a state service, an individual (hereinafter referred to as the service recipient) submits in person (for children and citizens recognized by the court as legally incompetent, their legal representatives (parents, guardians, trustees) with the provision of documents confirming the authority to represent) to the service provider in a Non-Profit Joint Stock Company “State Corporation “Government for Citizens” (hereinafter referred to as the State Corporation) or through the web portal of “electronic government” (hereinafter referred to as the portal) a package of documents in accordance with the list provided for by the Standard of a State Service (hereinafter referred to as the Standard) according to Appendix 1 to these Rules.

      The list of basic requirements for the provision of state services, including the characteristics of the process, the form, content and result of the provision, as well as other information, taking into account the specifics of the provision of state services, is set out in the Standard.

      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 No. 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. The Service Provider, within two working days from the date of receipt of the Service Recipient's documents, shall verify the completeness of the submitted documents. In the event that the fact of incompleteness of the submitted documents and (or) the submission by the service recipient of expired documents is established, the service provider shall issue a reasoned refusal to further consider the application within the specified time limits.

      11. When the service recipient submits a complete package of documents, the service provider sends the completed electronic form to the central node of RS DRF within one working day.

      Upon receipt of the electronic form at the central node, an employee of the Department of Migration Service of the Police Departments of regions, cities of republican significance and the capital (hereinafter referred to as the DMS) shall verify the correctness and validity of filling out the electronic form sheet within one working day.

      In case of violations, the form sheet is subject to return for revision, indicating the reason for the return.

      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. In the case of registration through the portal, the service recipient receives a notification in the "personal account" about the delivery of the prepared document to the issuing point.

      The issuance of finished documents issued through the portal shall be carried out by the service provider on the basis of a notification to the "personal account" of the service recipient about the production of a travel document, upon personal application of the service recipient to the State Corporation.

      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 for refusal to provide a state service, established by the legislation of the Republic of Kazakhstan, are specified in the Standard.

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 against the decision, actions (inaction) of the service provider on the provision of a state service may be filed in the name of the head of the service provider, to the authorized body for assessing and monitoring the quality of state services, in accordance with the legislation of the Republic of Kazakhstan.

      Complaint of service recipient, received to the address of the service provider, in accordance with subclause 2) of Article 25 of the Law of the Republic of Kazakhstan dated April 15, 2013 “On State Services” shall be subject to consideration within 5 (five) working days from the date of its registration.

      Complaint of service recipient, received to the address of the authorized body on assessment and control of quality of rendering of the state services shall be subject to consideration within 15 (fifteen) working days from the date of its registration.

      A complaint against the action (inaction) of employees of the State Corporation in the provision of services through the State Corporation shall be submitted in the name of the head of the State Corporation, or to the authorized body in the field of informatization.

      In cases of disagreement with the results of the provision of state services, the service recipient shall apply to the court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

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 No. 391 On approval of the Rules for Issuance of a Travel Document” (registered with the Register of state registration of regulatory legal acts as No. 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 No. 264 On amendments to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 24, 2015 No. 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 No. 20194, Published on April 2, 2020 in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan ).