Apostile of documents in Kazakhstan

What is it? Apostille is a simplified procedure of consular legalization of a document for use in a foreign country. For clients who encounter the term for the first time, we explain that it is a kind of international notarization that gives legal force to a document in the territory of another state.

An apostille is a certificate attested by a competent authority in the country of issue of a document as to its authenticity.

DOS-IMMIGRATION provides apostilization service. For more information you can contact us for consultation.

While consular legalization is a multi-stage procedure, apostilization of documents in Kazakhstan takes place in one stage. A special mark is affixed on the original or a copy of the document. On certificates that can be requested repeatedly, this mark is usually affixed on the original. On diplomas, marriage certificates and other documents, which are usually issued on a one-time basis, the apostille is affixed on a notarized copy of the document.

The main document regulating the procedure of such procedure is the Hague Convention of 1961. Here is the text of the Convention in Russian. The apostille is executed according to the model attached to the Convention in the form of a square with a side of at least 9 cm.

Important note: apostille is valid in countries who signed Apostille Convention. Otherwise, consul legalization is required.

How long does it take to get an apostille?

The apostilization procedure in Kazakhstan takes 1-3 working days from the date of submission of documents. At the same time, there is a process of document collection, translation, notarization and payment of state duty. All this may take up to 15-20 working days.

How much does it cost to put an apostille?

In Kazakhstan: government fee is 0.5 MCI per each document. An additional expense: translation, notary verification and services of legal consultants.

Which Authority can put an apostille?

Apostille is always stamped in the country where the document was issued. As a rule, this is done by accountable agencies of the Ministry of Justice, Ministry of Internal Affairs, Departments of Education and others. In Kazakhstan, apostille stamps are affixed by the Departments of Justice of the regions, cities of Astana, Almaty and Shymkent.

Currently, submission and issuance of documents in Kazakhstan is carried out in paper version through the State Corporation “Government for Citizens” or through the electronic portal www.egov.kz.

How we can check document has an apostille?

Apostille is a special sign which must be enclosed to document or stamped. According to Hague Convention it must be square or rectangular shape not less then 9 sm. Title is always in French: Apostille (Convention de la Haye du 5 octobre 1961). Rest information can be in English, French or national language. There are different ways of putting an apostille: stamp, stick, seal. Here you can see an example of Kazakhstan apostilles.

Which Rule regulates apostille process?

Apostille procedure in Kazakhstan regulates by Rules of rendering state service “Apostille of an official document”, emanating from justice and other state bodies, as well as notaries of the Republic of Kazakhstan”.

Annex 1 to the Order of the Minister of Justice of the Republic of Kazakhstan dated May 27, 2020 № 58.

What is the list of required documents to put an apostille?

• application
• ID card
• original or notarized copy of document to be apostilled
• confirmation of government fee payment
• power of attorney if application is submitted by another person

Are there any exemptions from Rules do not need an apostille?

There are some countries, members of Minsk and Kishinev convention do not need apostille and legalization in Kazakhstan:

1. Azerbaijan
2. Armenia
3. Belorussia
4. Georgia
5. Kazakhstan
6. Kyrgyzstan
7. Russia
8. Tajikistan
9. Turkmenistan
10. Uzbekistan
11. Ukraine

There is a misconception that documents issued in Ukraine do not require an apostille. Since mid-May 2024, Ukraine officially ceased its participation in the 1993 Minsk Convention on Legal Assistance in Civil, Family and Criminal Matters, therefore all state bodies of the RoK require an apostille on documents that were issued in Ukraine. Notaries also require an apostille on documents to certify copies or translations of Ukrainian documents.

Which kind of documents require mark of apostille?

1. educational documents (diplomas, certificates, diploma supplements)
2. birth certificates
3. marriage and divorce certificates
4. certificate of change of surname
5. charter documents of legal entities
6. an official letter from Authorities
7. power of attorneys / wills
8. notary verified translations and other official documents.

If a notarized copy or translation of a document is apostilled, then according to the order of the Ministry of Justice of the Republic of Kazakhstan from 31.01.2012 № 32 “On approval of the rules of notarial production”, documents for actions abroad are not bent, free spaces are not crossed out, mastic stamping by a notary is not allowed.

This is one of the conditions for affixing an apostille in a notarized copy of a document. Sometimes it happens that notaries do not certify documents in accordance with the requirements above, in connection with which applicants receive a refusal to apostilize a document.

In general, there are a number of grounds for refusal to stamp an apostille, such as provision of unreliable documents or data in the documents, non-compliance of the provided documents, data, information in the documents with the requirements established by the normative legal acts of the Republic of Kazakhstan, etc.

Can you list the main red flags in apostille process?

– Electronic apostille. At the moment, Notary services in Kazakhstan refuse to verify documents with e-apostille issued in foreign countries. E-apostille does not have stamps and signatures, that is the reason.

– Some countries request double apostille. Initially you put apostille on original of document, then translation is required and notary verified copy of document is to be apostilled too. Double apostille requests in Switzerland, Netherlands, Austria and others.

– Place of granting documents is far away from place of residence of foreign national. In USA apostille is to be apostilled in state where it was issued.  Method of exterritoriality as in Kazakhstan does not work there.

There are other red flags and details of procedure. It is individual and depends on requirements of accepting country.

What is it electronic apostille?

Electronic apostille is the same apostille as standard one, but with some advantages:

• It can be received online and is not required to be in person
• It is not required to submit paper documents
• Procedure is faster than standard one.

E-apostille is implementing by members of Hague Convention starting since 2006. Technology is named e-APP, Program of Electronic Apostille. Copy of documents is to be signed by digital signature or QR code. Original of documents is not required as there are no any stamps or real signatures, just digital. At the moment e-apostille is implemented in about 30 countries.

At the moment e-apostille is not accepted in all countries of Apostille Convention. It is connected with special aspects of local legislation.

Questions and Answers:

Question №1. Where can I apply for apostilization of a document? What authority apostilizes documents and what are the terms of consideration?

Answer: To obtain a paper version you should apply to the NJSC “State Corporation Government for Citizens”. Electronic apostille can be obtained through the electronic portal www.egov.kz. However, we would like to inform you that the documents are reviewed by the Department of Justice of the RoK. That is, the Public Service Centers act as intermediaries.

The term of the service is 2-3 working days, and the date of receipt of documents is not considered. An electronic apostille is easier and faster to obtain. However, it takes some time to prepare documents, translate and certify documents.

Question №2: Is an apostille placed on a copy of a document?

Answer: It is possible to apostilize both the original document and notarized copies. Usually for documents that are issued once (marriage certificate, birth certificate, diplomas), apostille is put on notarized copies.

Question №3. Is it necessary to certify an apostille at a notary?

Answer: The signature, seal or stamp of the competent authority placed on the apostille does not require any additional certification by a notary. In other words, a document with an apostille can be used in any of the member countries of the Hague Convention.

Question №4. Does an apostille have an expiration date?

Answer: No, an apostille is valid as long as the document itself, as the Hague Convention regulating the legalization of documents by means of an apostille does not specify the period of validity of an apostille.

Question №5. What is the difference between notarization and apostilization of a document?

Answer: Notarization confirms the authenticity of a document by certifying the fidelity of its signatures and is often valid domestically. While an apostille is a kind of international notarization that gives legal force to a document abroad, in any of the countries participating in the Hague Convention.

Question №6. I need to apostilize a marriage certificate that was issued in Kazakhstan, but a copy translated into English. Is it possible to apostilize the translated copy of the document at once?

Answer: In your situation there is a scheme of double apostilization, which consists of 4 stages:

1. First you need to apostilize the original document in Russian or Kazakh;
2. The notary makes a copy of the original document and apostille, puts a mark “copy” and certifies.
3. Next, the certified copy is translated into English, the translator’s signature and stamp are put, and the notary confirms the authenticity of the translation, i.e. the translator’s signature.
4. In this form, the certified, translated and certified copy of the document should be submitted for apostilization.