Translation of Legislative Documents & Notarization of Translation of Legal Documents Department

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Purpose  

Article 1:

This procedure has been enacted on the basis of Article 21 of the Law on Translation & Notarization of Legal Documents, to better implement the provisions of the said law, and to regulate the actions and activities of the employees of this department.

Abbreviated Name

Article 2:

Translation of Legislative Documents & Notarization of Translation of Legal

Documents, henceforth shall be referred to as the "Translation & Notarization Office".

Translatable and Notarizable Documents

Article 3:

  1. On the basis of clause 1, Article 4 of the Law on Translation & Notarization of Legal Documents, the Translation & Notarization Office shall be obliged to translate legislative documents in accordance with the legal academic principles and methods.
  2. On the basis of clause 1, Article 5 of the Law on Translation & Notarization of Legal Documents, the Translation & Notarization Office shall be obliged to notarize the translation of legal documents, mentioned in Article 8 of this law, at the earliest possible time, provided that the said document is properly signed and stamped by the relevant ministry of institution.
  3. The translation of legal documents submitted to this office for the purpose of notarization, shall only be notarized and attested as long as it lacks any type of imperfections and shortcomings.

Issuance of Translation License

Article 4:

  1. On the basis of Article 6 of the Law on Translation & Notarization of Legal Documents, the Translation & Notarization Office shall be obliged to issue translation license to qualified individuals referred to in Article 11 of the said law.
  2. The translation office, in collaboration with other partner institutions, shall be obliged to ensure the quality of translation and to prevent the incorrect translation of documents, as soon as possible conduct the exam from all natural and legal persons across the country as per the conditions mentioned in Article 11 of the mentioned law, then to register them and introduce the violators to the justice authorities.

Creation of Representations

Article 5:

The Translation and Notarization Office shall be responsible, in the light of the law with an aim to make facilities for the citizens to operationalize in the first instance at least in five zones of the country representations to certify the translation of legal documents.

Obligation of Employees

Article 6:

  1. Translation and  notarization of  translated document  from national languages into one of the foreign languages or from one national language to another national language;
  2. Interpretation in meetings, seminars, workshops and other events;
  3. Preservation and observance of criteria related to punctuality, integrity, cooperation, confidentiality and other administrative principles;
  4. The employee shall be obliged to complete and submit the work handed over to him/her considering the nature, complexity and the other document that is under process or that it should be completed and submitted immediately due to its urgency within a specific period of time.
  5. Keeping and recording the documents in a proper way;
  6. Other responsibilities listed in the relevant ToRs.

Disciplinary Measures:

Article 7:

When an employee neglects his/her duties, he/she shall be disciplined as follows:

  1. Recommendation
  2. Warning
  3. Salary deduction
  4. Discharge

Translation Processes

Article 8:

  1. To prevent confusion and disorderliness, no document will be translated and edited unless it is recorded in the relevant registry and paraphed by the head of translation & notarization office.
  2. In coordination with other departments of Taqneen, the office shall develop the database for receipt and submittal of documents; moreover, the name of owner of the document shall be specified in this database, with an aim to contact him/her if necessary;
  3. A document submitted to the office for translation, shall at first be translated on the basis of high quality translation standards and then be edited and finalized. Once it is made sure that the translation is all intact, it shall be submitted to the relevant department.
  4. The head of the office shall be responsible for monitoring and evaluating the activities of all employees concerned.

Issues related to Notarization of Legal Translations

Article 9:

  1. The office shall for the purpose of convenience of citizens, establish the representations of notarization of translations in five zones of the country - Kabul, Nangarhar, Herat, Kandahar and Balkh.
  2. In order to address the issues related to notarizations in due time and considering the demand for this job, the office shall establish two representations of translation notarizations in the Capital and four representations (one in each) in four zones referred to in paragraph 1 of this article.
  3. In each of the central offices of Kabul, two individuals shall be assigned as employees to notarize and certify the documents and other two shall be tasked to check and review the content of the documents.
  4. In each of the four provincial zones, one person shall be assigned as employee to notarize and certify the documents and one person shall be tasked to check and review the content of the documents.
  5.  In each of the central representations in the capital, the office assigns one person as the courier of documents.
  6. If the content of notarized documents differ from the text of the original document, or if a forged document is certified, the reviewer and the concerned officer each in their turn shall be responsible. Because they have the responsibility to carefully check all the contents of the documents such as serial number, name, province and other instances before the notarization is made to ensure its accuracy and tactfulness.

Process of Notarization

Article 10:

  1. For the purpose of notarization of their documents, the clients in the capital shall be obliged to submit their relevant legal documents in one of the two agencies of Kabul and then the mentioned documents need to be transferred by the office itself to the central office of documents notarization of the Ministry of Justice for notarization.
  2. Clients in four provincial zones, submit and receive their certifiable documents from the Department of Justice - Documents Notarization Section.
  3. The notary shall be obliged to provide to the client a stamped receipt having type and special number, date of receipt and date of submission along with a bank tariff for the reason to pay the fee to relevant government account,.
  1. After getting the payment receipt, in order to ensure a correct translation, the notary shall be obliged to submit the legal document to the notary for the purpose to certify the translation.
  2. The Office shall be obliged to specify the date and time of submission of the document to the applicant so that he/she is able to get the document in a specified time.
  3. To avoid the disorder and crowd, the documents that need notarization shall be received until 12 noon and handed over back to clients every day from 02:00 to 04:00 pm. In addition, notarized documents should not be distributed at the same time meaning that, different time periods need to be arranged for distribution.
  4. The documents collected shall be inserted in proper files and then transferred to the       notarization department of the Ministry of Justice for certification. Moreover After stamping and certifying the translation, it will be sent back to the relevant representation for submission.

Attendance and Leave Days

Article 11:

  1. The employee may make use of their leave days in the light of the law and in coordination with the head of the department.
  2. To ensure punctuality, employees shall be required to sign the existing attendance, and notify of their presence or absence. In case of absence without notice, the salary of the said employee shall be subject to deduction.

Avoiding Personal Activities in Official Timings

Article 12:

Employees may not make use of official timings for their personal activities and need to refrain any action that interrupts their work.

Reporting

Article 13:

Employees are required to prepare and arrange their activity reports on weekly, monthly, quarterly and annual basis and submit it to the head of the department.

Meetings

Article 14

To better regulate things and address problems, except as the case may be, the office shall hold meetings at the end of each month.

Monitoring the Implementation of Procedure

Article 15

The Head of Translation and Notarization Office, in consultation with the General Director of the Institute, oversees the implementation of this procedure.

Enforcement

Article 16

This procedure, after approval by the Steering Committee of the Ministry of Justice, shall come into force.