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ORDER OF THE MINISTER OF FOREIGN AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of June 12, 2020 No. 11-1-4/192

About approval of Rules of rendering the state services in the sphere of state registration of acts of civil status abroad

(as amended of the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan of 31.03.2021 No. 11-1-4/114)

According to the subitem 1) article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", PRIKAZYVAYU:

1. Approve the enclosed Rules of rendering the state services in the sphere of state registration of acts of civil status abroad.

2. Recognize invalid:

1) the order of the Minister of Foreign Affairs of the Republic of Kazakhstan of May 16, 2018 No. 11-1-4/183 "About approval of standards of the state services in questions of civil registration of citizens of the Republic of Kazakhstan abroad" (it is registered in the Register of regulatory legal acts at No. 17089, it is published in Reference control bank of regulatory legal acts on June 28, 2018);

2) the order of the Minister of Foreign Affairs of the Republic of Kazakhstan of October 22, 2018 No. 11-1-4/475 "About approval of regulations of the state services in questions of civil registration of citizens of the Republic of Kazakhstan abroad" (it is registered in the Register of regulatory legal acts at No. 17709, it is published in Reference control bank of regulatory legal acts on November 19, 2018).

3. To provide to department of digitalization of the Ministry of Foreign Affairs of the Republic of Kazakhstan:

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

2) placement of this order on official Internet resource of the Ministry of Foreign Affairs of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of Foreign Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the First Deputy Minister of Foreign Affairs of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister of Foreign Affairs of the Republic of Kazakhstan

M T_leuberd_

 

"Is approved"

Ministry of Justice of the Republic of Kazakhstan

 

"Is approved"

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Foreign Affairs of the Republic of Kazakhstan of June 12, 2020 No. 11-1-4/192

Rules of rendering the state services in the sphere of state registration of acts of civil status abroad

Chapter 1. General provisions

1. These rules of rendering the state services in the sphere of state registration of acts of civil status abroad (further - Rules) are developed according to the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (further - the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" (further - the Law on the state services) and determine procedure for rendering the state services "State Registration of the Birth of the Child Abroad", "State Registration of Marriage (Matrimony) Abroad", "State Registration of Annulment of Marriage (Matrimony) Abroad", "State Registration of Change of Name, Middle Name, Surname Abroad", "State Registration of Death Abroad".

2. The state services specified in Item 1 of these rules are foreign institutions of the Republic of Kazakhstan (further - the service provider).

3. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service "State Registration of the Birth of the Child Abroad", according to appendix 1 to these rules.

4. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service "State Registration of Marriage (Matrimony) Abroad", according to appendix 2 to these rules.

5. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service "State Registration of Annulment of Marriage (Matrimony) Abroad", according to appendix 3 to these rules.

6. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service "State Registration of Change of Name, Middle Name, Surname Abroad", according to appendix 4 to these rules.

7. The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the standard of the state service "State Registration of Death Abroad", according to appendix 5 to these rules.

Chapter 2. Procedure for rendering the state service "State Registration of the Birth of the Child Abroad"

8. Parents or other interested persons (further - uslugopoluchatel) in time no later than two months since birth, and in case of the birth of the dead child in time no later than five days from the moment of childbirth the statement for state registration of the birth of the child moves to the service provider in writing or on the web portal of "the electronic government" (further – the portal) electronically (for registration of the birth of the child which parents are citizens of the Republic of Kazakhstan, having the certificate on marriage of the Kazakhstan sample) in form according to appendix 6 to these rules with appendix of the necessary documents specified in the standard of the state service "State Registration of the Birth of the Child Abroad" (further – the state service).

In the statement the surname, name and middle name (in case of its availability) the child is specified according to requirements of articles 63 and 194 of the Code.

In case of documents acceptance the service provider reproduces copies of the documents specified in the list of the main requirements to rendering the state service with the mark "for reconciliation" then returns originals of documents to uslugopoluchatel.

Aggregate term of rendering the state service constitutes five working days in case of filing of application to the service provider, and three working days in case of filing of application through the portal.

In case of the address to the portal information on the status of acceptance of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "private office" of uslugopoluchatel.

9. In case of provision by uslugopoluchatel of incomplete data when filling the statement and/or giving of incomplete document package and (or) documents with the expired effective period the service provider refuses reception of an application and issues the receipt on refusal in documents acceptance.

After elimination of the allowed shortcomings documents are filed repeatedly in accordance with general practice.

10. In case of provision by uslugopoluchatel of complete document package, the service provider performs acceptance and registration of a statement in register of statements according to appendix 7 to these rules, and issues to the applicant the detachable coupon of the application blank with mark about registration with indication of date of its obtaining, surname, name and middle name (in case of its availability) the accepting person and time of acceptance of document package.

The service provider within one working day checks the received documents for compliance to requirements of these rules and within two working days enters data into the Information system "Registration Item REGISTRY OFFICE" (further – IS ZAGS). In case of lack of access to IS ZAGS the service provider sends the scanned document revisions accepted from uslugopoluchatel to the responsible of Department of consular service of the Ministry of Foreign Affairs of the Republic of Kazakhstan (further – DKS MFA RK) by e-mail for entering of data into IS ZAGS.

After state registration in IS ZAGS the service provider within two working days unpacks assembly record in duplicate and creates the certificate of birth.

State registration of the birth of the child who reached one year and more is made based on the conclusion about state registration of the birth of the child constituted by the service provider in form according to appendix 8 to these rules.

In case of receipt of the statement on state registration of the birth of the child abroad through the portal the service provider within one working day checks the received documents for compliance to requirements of these rules and during the next working day enters data in IS ZAGS. After state registration in IS ZAGS the service provider within one working day unpacks assembly record in duplicate and creates the certificate of birth.

The data specified in the certificate of birth are registered "Issue of Stamp Forms" (further – the account magazine), in form according to appendix 9 to these rules then the service provider grants to uslugopoluchatel the certificate of birth, or the motivated answer about refusal in rendering the state service.

11. The service provider refuses rendering the state service in the following bases:

1) establishment of unauthenticity of the documents submitted by uslugopoluchatel for receipt of the state service, and (or) these (data) containing in them;

2) discrepancy of uslugopoluchatel and (or) provided supplied and the information necessary for rendering the state service, to requirements of Chapter 2 of these rules.

12. According to the subitem 11) of Item 2 of article 5 of the Law on the state services Ministry provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service.

13. The documents accepted from uslugopoluchatel and also two copies of assembly records and the conclusion about state registration of the birth of the child (in the presence) go for storage in archive in Department of justice of the city of Nour-Sultan of the Ministry of Justice of the Republic of Kazakhstan in week time.

14. If parents of the been born child at the time of the birth of the child are not married (matrimony) among themselves, along with the statement for state registration of the birth of the child to the service provider the joint statement on modification, amendments is submitted to assembly record about state registration of the birth in connection with paternity proof (motherhood) in form according to appendix 10 to these rules which is subject to check on correctness of filling and the documents attached to it.

The fact of paternity proof is reflected in assembly record about state registration of the birth by introduction of corresponding changes, amendments.

15. In case of simultaneous state registration of the birth and modification, amendments in connection with paternity proof in IS ZAGS birth records in duplicate after modification and amendments in connection with paternity proof with introduction of the relevant information in the column "for marks" in IS ZAGS are printed out.

The certificate of birth of the child is in that case granted taking into account the brought changes, amendments in connection with paternity proof.

16. Adoption of statements for modification, amendments in assembly record about state registration of the birth in connection with paternity proof based on the joint statement of parents of the child through representatives is not allowed.

Chapter 3. Procedure for rendering the state service "State Registration of Marriage (Matrimony) Abroad"

17. Persons marrying (matrimony) (further - uslugopoluchatel), submit the declaration of accession to scrap (matrimony) to the service provider in writing or for the portal electronically (for primary registration of scrap between citizens of the Republic of Kazakhstan) in form according to appendix 11 to these rules with appendix of the necessary documents specified in the standard of the state service "State Registration of Marriage (Matrimony) Abroad" (further – the state service).

Marriage (matrimonies) between persons specified in article 11 of the Code is not allowed.

In case of documents acceptance the service provider reproduces copies of the documents specified in the list of the main requirements to rendering the state service with the mark "for reconciliation" then returns originals of documents to uslugopoluchatel.

The state service is rendered after monthly term from the date of giving by uslugopoluchatel of the statement.

In case of the address to the portal information on the status of acceptance of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "private office" of uslugopoluchatel.

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