On National registers of identification numbers

The Law of the Republic of Kazakhstan dated 12 January, 2007 No. 223

Unofficial translation

      This Law defines the goals, objectives, principles and legal basis for the creation and maintenance of the national registers of identification numbers on the basis of formation of identification number for individual, legal entity (branches and representative offices).

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions, used in this Law

      1. The following basic definitions are used in this Law:
      1) business identification number - a unique number, generated for a legal entity (branches and representative offices) and an individual entrepreneur, operating in joint entrepreneurship;
      2) National Register of business identification numbers – an information system for recording and storage of information on the established and ceased legal entities (branches and representative offices), individual entrepreneurs, operating in joint entrepreneurship, the creation and storage of information on the assigned business identification numbers;
      3) personal identification number - a unique number, generated for an individual, including individual entrepreneurs, operating in personal business;
      4) National Register of individual identification numbers – an information system for the implementation of registration of individual identification numbers;
      5) the state authorized body (hereinafter - the authorized body) - a state body, carrying out the formation of identification numbers and maintaining the national registers of identification numbers;
      6) identification number - an individual identification number or a business identification number, expressed as a sequence of numeric characters, and allowing to make a record of the data, concerning a specific person, in the national registers of identification numbers;
      7) a document with an identification number - a document, issued by the registering authority, confirming the existence of the identification number;
      8) formation of an identification number - the process as a result of which the authorized body forms the identification number in the national registers of identification numbers on the basis of information on individuals and legal entities (branches and representative offices);
      9) national registers of identification numbers - information systems for the implementation of registration of individual and business identification numbers;
      10) registration authorities – state bodies, making the registration of data and the issuance of documents with an identification number.
      2. Special definitions of the legislation of the Republic of Kazakhstan on the national registers of identification numbers, not mentioned in this Article, shall have the meanings defined in the relevant Articles of this Law.
      3. Official abbreviations in indication of identification numbers on documents shall be:
      1) IIN - for individual identification number;
      2) BIN - for business identification number.
      Footnote. Article 1, as amended by the Law of the Republic of Kazakhstan dated 24.12.2012 No. 60-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on the national registers of identification numbers

      1. Legislation of the Republic of Kazakhstan on the national registers of identification numbers based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided in this Law, the rules of the international treaty shall apply.

Article 3. Purpose and objectives of creating, maintaining the national registers of identification numbers and forming of an identification number

      1. Purpose of creating and maintaining the national registers of identification numbers shall be the transition to a unified system of registration of information, relating to a person, on the basis of the introduction of identification number in the Republic of Kazakhstan.
      2. Objectives of creating and maintaining the national registers of identification numbers are:
      1) updating the information databases of state bodies and avoiding duplication of information;
      2) improvement of the management and using the information resources;
      3) improving the relationship of individuals and legal entities with state bodies by accelerating and simplifying the procedures for their appeals.
      3. Formation of identification number for individual or legal entity (branches or representative offices) shall be carried out to store information, relating to an individual or legal entity (branches and representative offices) in the national registers of identification numbers and the information systems of state bodies and other state institutions.
      4. Identification number shall be used for:
      1) civil registration;
      2) issuance of identity documents;
      3) state registration of real estate, movable property, as well as other objects, equivalent to real estate;
      4) making payments and money transfers, including the transfer of mandatory pension contributions and social security contributions, as well as for the tax obligations, except for payments and money transfers by foreigners and stateless persons that are not subject in accordance with the tax legislation of the Republic of Kazakhstan to the registration as a taxpayer;
      5) opening and maintaining bank accounts in banks and organizations, engaged in certain types of banking operations, except for correspondent accounts of foreign correspondent banks and savings accounts of non-resident legal entities, foreigners and stateless persons;
      6) issuance of permission documents;
      7) issuance of registration documents;
      8) issuance of military ID card, ID card of the officer;
      9) maintaining statistical registers;
      10) foreign trade activities;
      11) registration of voters in elections and participation in national referenda;
      12) maintaining information systems of the central state bodies and other state institutions;
      13) state registration (re-registration) of legal entities or record registration (re-registration) of branches and representative offices;
      14) state registration (re-registration) of individual entrepreneurs;
      15) other cases, stipulated by the legislative acts of the Republic of Kazakhstan.
      Footnote. Article 3, as amended by the Laws of the Republic of Kazakhstan dated 19.03.2010 No. 258-IV; dated 26.12.2012 No. 61-V (shall be enforced from 01.01.2013); dated 05.12.2013 No. 152-V (shall be enforced from 01.01.2014).

Article 4. Principles of creation and maintenance of the national registers of identification numbers and formation of an identification number

      Creation and maintenance of the national registers of identification numbers, formation of an identification number shall be in accordance with the principles of legality, unity, obligatoriness, respect and protect the rights and freedoms of citizens, confidentiality, integrity and security of electronic information resources.

Article 5. Competence of the Government of the Republic of Kazakhstan

      The Government of the Republic of Kazakhstan shall:
      1) establish the procedure for formation of the identification number;
      2) establish the procedure for the creation, maintenance and use of the national registers of identification numbers;
      3) define the requirements for an integrated circuit, used in the production of identity documents;
      4) perform other functions, assigned to it by the Constitution, the Laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.
      Footnote. Article 5, as amended by the Law of the Republic of Kazakhstan dated 05.07.2011 No. 452 -IV (shall be enforced from 13.10.2011).

Article 6. Competence of the authorized body

      The authorized body shall:
      1) develop within its competence the regulatory legal acts on the creation, maintenance and use of the national registers of identification numbers;
      2) maintain the national registers of identification numbers;
      3) centrally carry out the formation of an identification number and provide the information to the registering and other state bodies, and other state institutions, except for the formation of individual registration numbers for the issuance of birth certificates, carried out by local executive bodies;
      4) organize the document production with an identification number;
      5) determine the order of maintaining the classifiers and directories of identification data, their structure, composition and format;
      6) perform other functions under this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. Article 6, as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 7. Maintaining the national registers of identification numbers

      1. Maintaining the national registers of identification numbers is provided by the relevant information systems.
      2. National registries of identification numbers are information resource for information systems of only the state bodies and other state institutions.
      3. National registries of identification numbers shall contain:
      1) information about the identification numbers that contain information on the date of birth, sex of an individual, the state registration of legal entity (branches and representative offices) and individual entrepreneurship, operating in a joint entrepreneurship;
      2) information, obtained from the registering and other state bodies, and other state institutions;
      3) information about changes in the data, included in the national registers of identification numbers.

Article 8. Duties of state bodies and other state institutions, engaged in maintaining the national registries of identification numbers

      1. Authorized body shall:
      1) form an identification number within one working day after the application of registering authorities;
      2) provide information to the registering state bodies and other state bodies not later than two working days from the date of their applications.
      2. Registering authorities shall:
      1) timely provide the information to the authorized body for the formation of an identification number within one working day from the receipt of such information;
      2) provide the information to the authorized body to replenish and maintain the current status of data of information systems of the national registers of identification numbers within one working day from the receipt of such information;
      3) provide information to the authorized body to exclude or conditional exclusion of the identification numbers from the national registers of identification numbers within one working day from the receipt of such information.
      3. State bodies and other state institutions shall:
      1) provide the information, established by the Government of the Republic of Kazakhstan, to the authorized body to replenish and maintain the current status of data of information systems of the national registers of identification numbers within one working day from the receipt of such information;
      2) provide the information to the authorized body to exclude or conditional exclusion of identification numbers from the national registers of identification numbers within one working day from the receipt of such information.
      4. Ensuring the information security in the information resources of the national registers of identification numbers shall be carried out in accordance with the legislation of the Republic of Kazakhstan.
      5. Maintaining of the national registers of identification numbers shall be at the expense of budget funds.

Chapter 2. FORMATION, EXCLUSION OR CONDITIONAL EXCLUSION OF IDENTIFICATION NUMBER

Article 9. Formation of identification number

      1. Entering of an identification number in an integrated circuit shall be provided by the authorized body in the manner, determined by the Government of the Republic of Kazakhstan.
      2. Integrated circuit, containing an individual identification number, shall be placed on the identity documents, referred to in subparagraphs 2) -7) of paragraph 3 of this Article.
      3. Documents with individual identification number shall be:
      1) birth certificate;
      2) passport of the Republic of Kazakhstan;
      3) identity card of the citizen of the Republic of Kazakhstan;
      4) residence permit of a foreigner in the Republic of Kazakhstan;
      5) certificate of stateless persons;
      6) diplomatic passport of the Republic of Kazakhstan;
      7) service passport of the Republic of Kazakhstan;
      8) registration certificate for foreigners and stateless persons in the absence of identity documents.
      4. Documents with business identification number shall be:
      1) certificate of the state registration as an individual entrepreneur - for individual entrepreneurs, operating in joint individual entrepreneurship;
      2) certificate of the state registration (re-registration) of a legal entity, certificate of the record registration (re-registration) of the branch (representative office) - for resident legal entities, their branches (representative offices);
      3) certificate of the record registration (re-registration) of the branch (representative office) - for non-resident legal entities, operating in the Republic of Kazakhstan through branches and representative offices (with a permanent establishment);
      4) registration certificate for non-resident legal entities that:
      are tax agents in accordance with paragraph 5 of Article 197 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget " (Tax Code);
      hold taxable objects in the Republic of Kazakhstan;
      are diplomatic and equivalent to them representative offices of foreign states, accredited in the Republic of Kazakhstan;
      carrying out activities through the dependent agent, that is regarded as its permanent establishment under paragraph 8 of Article 191 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code).
      5. State bodies and other state institutions shall take into account the identification number when issuing registration documents, permits and other documents in accordance with the legislation of the Republic of Kazakhstan.
      Banks and organizations, engaged in certain types of banking operations shall take into account the identification number, as well as supervise the correct indication in accordance with the algorithm of forming of the identification number, established by the legislation of the Republic of Kazakhstan.
      6. Formation of individual identification number shall be provided:
      1) for the citizens of the Republic of Kazakhstan to the issue of:
      a birth certificate;
      a passport of the Republic of Kazakhstan;
      an identity card of the citizen of the Republic of Kazakhstan;
      2) for a foreigner in the issuance of a residence permit of a foreigner in the Republic of Kazakhstan or the registration certificate;
      3) for stateless persons in the issuance of certificates of stateless person or registration certificate, issued upon registration with the migration police.
      When the repeated and subsequent issuance of the documents, referred to in this paragraph, the formation of a new individual identification number shall not be made, except in cases of adoption.
      7. Registration of a person as an individual entrepreneur, carrying out activities in the form of personal business, shall be made ??on an individual identification number.
      Assignment of a new individual identification number at the state registration as an individual entrepreneur, carrying out activities in the form of personal business, shall not be made.
      8. Formation of business identification number shall be provided:
      1) for individual entrepreneurs, operating in joint individual entrepreneurship, simultaneously with the state registration of the joint individual entrepreneurship;
      2) for resident legal entities, their branches and representative offices simultaneously with their registration;
      3) for non-resident legal entities, operating in the Republic of Kazakhstan through branches and representative offices (with a permanent establishment), simultaneously with their registration;
      4) upon registration with the government revenue body as non-resident legal entities -taxpayers that:
      are tax agents in accordance with paragraph 5 of Article 197 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget " (Tax Code);
      are diplomatic and equivalent to them representative offices of foreign states, accredited in the Republic of Kazakhstan;
      carrying out activities through the dependent agent, that is regarded as its permanent establishment under paragraph 8 of Article 191 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code).
      carrying out activities through the permanent establishment, without opening a branch or a representative office;
      hold taxable objects in the Republic of Kazakhstan;
      open current accounts in the banks- residents.
      9. In changing the information, included in the structure of the identification number, the re-registration shall not be made.
      10. Register or reception of letters of individuals and legal entities (branches and representative offices) to form an identification number shall be provided:
      1) at the place of residence:
      for citizens of the Republic of Kazakhstan;
      2) at the place of stay:
      for foreigners and stateless persons, permanently or temporarily residing in the Republic of Kazakhstan;
      3) at the place of residence of the authorized person of the joint individual entrepreneurship;
      4) by location:
      for legal entities (branches and representative offices), including non-resident legal entities, operating in the Republic of Kazakhstan through a permanent establishment;
      5) at the location of the resident or the consortium, possessing the right of subsoil use in the Republic of Kazakhstan, the property of which is 50 percent or more of the value of shares sold, interests or assets of the non-resident legal entity that is a tax agent in accordance with paragraph 5 of Article 197 of the Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code);
      6) at the location and (or) the registration of taxable objects:
      for non-residents, purchasing and (or) holding taxable objects in the Republic of Kazakhstan;
      7) at the location of the banks- residents:
      for non-residents, opening current accounts in the banks-residents and for which the formation of an identification number on the grounds provided for in subparagraphs 2) -6) of this paragraph shall not be made.
      Footnote. Article 9, as amended by the Laws of the Republic of Kazakhstan dated 10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 24.12.2012 No. 60-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2012 No. 61-V (shall be enforced from 01.01.2013); dated 29.01.2013 No. 74-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.11.2014 No. 248-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Exclusion or conditional exclusion of an identification number from the national registers of identification numbers

      1. Individual identification number shall be excluded from the National registers of individual identification numbers:
      1) with the death of an individual;
      2) the entry into force of a court decision, declaring the individual as deceased;
      3) when departure of an individual abroad for permanent residence and change of allegiance;
      4) in case of closing by non-resident individual the current account in the bank-resident;
      5) upon termination of the rights of non-resident individual on the taxable objects and the objects, related to taxation;
      6) in the case of termination of the entrepreneurial activity in the Republic of Kazakhstan by non-resident individual and the disposal from the Republic of Kazakhstan.
      In case of cancellation of a court decision, declaring the individual as deceased, the individual identification number previously excluded from the national registers of identification numbers shall be restored.
      2. Individual identification number shall be conditionally excluded from the National registers of individual identification numbers:
      1) after the entry into force of the court decision on the recognition of individual as missing, the details of which are presented in the order, volume and terms, established by the state body, carrying out within its competence the statistical activities in the field of legal statistics and special accounts;
      2) upon departure of non-residents of the Republic of Kazakhstan;
      3) after the entry into force of the court decision on adoption, in changing the information about the adopted child, his (her) personal data.
      When the repeated and subsequent registration of foreigners and stateless persons, as well as in the case of recognition of adoption as invalid, a document with the previously generated individual identification number shall be issued.
      3. Business identification number shall be excluded from the National registers of business identification numbers:
      1) upon liquidation of the legal entity (branches, representative offices);
      2) upon termination of the entrepreneurial activity by the individual entrepreneur, operating in joint individual entrepreneurship;
      3) upon termination of the rights of non-resident legal entity on the taxable objects and the objects, related to taxation;
      4) in case of closing by a non-resident legal entity the current account in the bank-resident;
      5) in the case of termination of the entrepreneurial activity in the Republic of Kazakhstan by the non-resident legal entity and the disposal from the Republic of Kazakhstan.
      4. Conditional exclusion of business identification number from the National registers of business identification numbers shall not be made.
      5. Exclusion or conditional exclusion of the identification number from the national registers of identification numbers shall be based on appeals of the state bodies, legal entities and individuals. The excluded or conditionally excluded identification numbers shall be preserved in the database of information systems of the national registers of identification numbers.
      Footnote. Article 10, as amended by the Law of the Republic of Kazakhstan dated 29.01.2013 No. 74-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 11. Secret of information

      1. The information, contained in the national registers of identification numbers, except for the information that is publicly available, shall not be disclosed, except submission of the information to the:
      1) registering authorities in order to maintain the current status of data of information systems of the national registers of identification numbers under the written permission of the authorized body;
      2) bodies, performing the criminal prosecution in accordance with the law;
      Note of the RCLI!
      Subparagraph 3) shall be in the wording of the Law of the Republic of Kazakhstan dated 03.07.2014 No. 227-V (shall be enforced from 01.01.2015).
      3) courts in the consideration of cases on determining the responsibility for crimes and other offences;
      4) in other cases, stipulated by the laws of the Republic of Kazakhstan.
      2. Information, related to an individual or a legal entity, except for public information, cannot be given to another person without the written consent of the individual or legal entity.
      3. The loss of documents of the state database of information systems or other media, containing the information on individuals and legal entities, as well as their unlawful change by persons, having access to such information in connection with their official duties, shall not be allowed.
      Footnote. Article 11, as amended by the Law of the Republic of Kazakhstan dated 24.12.2012 No. 60-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Responsibility for violation of the legislation of the Republic of Kazakhstan on the national registries of identification numbers

      Violation of the legislation of the Republic of Kazakhstan on the national registers of identification numbers entails the responsibility in accordance with the Laws of the Republic of Kazakhstan.

Article 13. Procedure for the enactment of this Law

      1. This Law shall enter into force from the day of its official publication, with the exception of subparagraphs 4) and 5) of paragraph 4 of Article 3, the second part of paragraph 5 of Article 9 of this Law, they shall enter into force from 1 January 2013.
      2. Upon the expiration of six months from the date of enforcement of this Law, individuals and legal entities (branches and representative offices), as well as individual entrepreneurs shall apply to the registering authorities for the formation of identification number and renewal of the previously issued documents in the manner prescribed by the Government of the Republic of Kazakhstan.
      3. Documents, listed in paragraphs 3 and 4 of Article 9 of this Law, except for birth certificates shall be invalid in the absence of the generated identification number on them from 1 January 2013.
      Prior to 1 January, 2013 the identification code of the General Classifier of enterprises and organizations, taxpayer identification number, social individual code shall be used.
      4. Is excluded by the Law of the Republic of Kazakhstan dated 21.06.2013 No. 106-V (shall be enforced upon expiry of ten calendar days after its first official publication).
      5. At renewal, the issuance of documents with the identification number, referred to in paragraphs 3 and 4 of Article 9 of this Law, shall be made at the expense of the budget, if they pass the previously issued documents to the registering authority.
       Footnote. Article 13, as amended by the Laws of the Republic of Kazakhstan dated 15.07.2010 No. 327-IV (the order of enforcement see Art. 2); dated 12.01.2012 No. 538-IV (shall be enforced from 01.01.2012); dated 21.06.2013 No. 106-V (shall be enforced upon expiry of ten calendar days after its first official publication).

      The President
      of the Republic of Kazakhstan