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What conditions does a bar business need in Vietnam?

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Nowadays, the type of bar beverage service is no longer strange to us, but over time, they have many changes to suit the needs and customers’ needs in Vietnam. My family has a piece of land in a pretty location, densely populated, so my family is planning to open a bar. So about the matter “What conditions does a bar business need in Vietnam?” Let’s find out with LSX in the article below.

Legal grounds

  • Decree 54/2019/ND-CP
  • Decree 38/2021/ND-CP

What is a bar?

Bar is a business establishment serving alcoholic beverages, including: beer, wine, wine, cocktails and other beverages such as mineral water, soft drinks. In addition, there are also fast food dishes such as chips and snacks. Depending on the policy in each locality and country, guests to bars are usually of the legal drinking age or older.

In the bar, there are usually only high tables and chairs for guests to stand around or at the bar. In addition to drinks and some snacks, the bars also have some types of entertainment such as: live music, pool table – darts or live sports events…

In addition, the term “bar” also refers to the counter and the area where drinks are served.

What conditions does a bar business need in Vietnam?

Pursuant to Article 5 of Decree 54/2019/ND-CP stipulating the conditions for bar and pub business as follows:

1. Being an enterprise or business household established in accordance with law.

2. Ensuring the conditions for fire prevention and fighting and security and order as prescribed in the Government’s Decree No. 96/2016/ND-CP dated July 1, 2016 stipulating security conditions, order for a number of industries and trades with conditional investment.

3. The disco room must have a usable area of ​​80m2 or more, excluding auxiliary works.

4. Do not place the door latch inside the disco hall or place alarm devices (except for fire alarm devices).

5. Business locations must be at least 200 meters away from schools, hospitals, religious and belief establishments, historical and cultural relics.

In addition, Article 6 of Decree 54/2019/ND-CP stipulates that enterprises or business households must have the responsibilities:

• Do not operate from 2 am to 8 am.

• Do not provide discotheque services to persons under the age of 18.

• In case there is an art performance program, it must comply with the regulations on art performance.

Dossier to apply for a bar or pub business license

For business households business

Pursuant to Decree 108/2018/ND-CP stipulating, individuals, groups of individuals or representatives of households shall send an application for business household registration to the business registration office of the district where the location is located.

In particular, the contents of the application for business household registration include:

• Business household name, business location address; phone number, fax number, email (if any);

• Business;

• Amount of business capital;

• Number of employees;

• Full name, signature, residential address, number and date of issue of valid citizen identification card or identity card or passport of individuals establishing business households, for business households run by groups established by an individual, by an individual, in the case of a household business established by an individual, or on behalf of the household, in the case of a household business established by a household.

• A valid copy of the valid citizen’s identity card or people’s identity card or valid passport of the individuals participating in the business household or the representative of the household and a valid copy of the minutes of the individual group meeting on the establishment of a business household in the case of a business household established by a group of individuals.

For Businesses

To register a pub or bar business, businesses need to prepare the following legal documents:

• An application for business registration;

• Draft charter of the company;

• List of shareholders/founding members/authorized representatives to manage the contributed capital;

• A valid copy of the practice certificate and the identity card of the person holding the practice certificate, for enterprises engaged in business lines and professions requiring a practicing certificate.

• Written confirmation of legal capital.

• Power of attorney for the representative to submit the application (if any). Identity document of the representative submitting the application.

Procedures for applying for a pub or bar business license

Pursuant to the provisions of Article 11 of Decree 54/2019/ND-CP on procedures for granting business licenses as follows:

Step 1: Enterprises or business households send directly or by post or online 1 set of dossiers as prescribed to the licensing agency eligible for business: Business registration office in the district where it is located business point (Household business); Department of Planning and Investment (Enterprise).

Step 2: If the application is not in accordance with the regulations, within 1 day from the date of receipt of the application, the licensing agency shall issue a written notice requesting the completion of the application.

Step 3: If the application is complete as prescribed, within 5 days from the date of receipt of the application, the licensing agency that meets the business conditions shall verify the application and verify the actual conditions as prescribed licensed business conditions. In case of ineligibility for business, a written reply must be given clearly stating the reason.

The agency competent to issue business eligibility permits must send and store this license as follows:

• 2 copies are kept at the business licensing agency;

• 1 copy sent to the enterprise or business household that has been granted a business license;

• 1 copy to be sent to the district-level police office where the business is conducted;

• 1 copy sent to the agency issuing the business registration certificate or business household;

• Posted on the website of the licensing authority that is eligible for business.

Apply for a certificate of satisfaction of security and order conditions when doing business in bars and pubs?

An application for a certificate of satisfaction of security and order conditions when doing business in bars and pubs includes:

• A written request for a certificate of satisfaction of security and order conditions of the business establishment;

• A valid copy of one of the following types of documents:

• Certificate of business registration;

• Papers proving the assurance of fire prevention and fighting safety conditions for the business area and warehouses for storing raw materials and goods, for fire prevention and fighting;

• A curriculum vitae enclosed with a judicial record card or a personal statement of the person in charge of security and order of the business establishment.

Procedures for applying for a certificate of satisfaction of security and order conditions when doing business in bars and pubs include the following steps:

Step 1: Individuals or organizations submit an application for a certificate of satisfaction of security and order conditions as prescribed by law at the police office.

Step 2: The police agency receives the dossier and settles it.

If the dossier is fully qualified, within 5 days from the date of submission of the dossier, the competent police agency shall issue a certificate of satisfaction of security and order conditions to the individual or organization authority in need.

In case the dossier is invalid, the Public Security Authority must enclose the document and clearly explain the reason.

Services of LSX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “What conditions does a bar business need in Vietnam?”

Contact LSX

Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “What conditions does a bar business need in Vietnam?” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]

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Frequently asked questions

How will unlicensed bar business be penalized?

According to the regulations, for the case of an underground bar (without a license), a fine of 20-25 million VND (point a, clause 7, Article 15 of Decree 38/2021/ND-CP). However, this is only the penalty for individuals, and organizations will be doubled (Clause 2, Clause 3, Article 5 of Decree 38/2021/ND-CP).
At the same time, Clause 10, Article 15 of Decree 38/2021/ND-CP is supplemented by Clause 5, Article 4 of Decree 129/2021/ND-CP, forcing the return of all proceeds from the operation of this bar.

How are bars and discos sanctioned?

According to point e, clause 6, Article 15 of Decree 38/2021/ND-CP: Enterprises and business households that violate regulations on discotheque operating hours shall be administratively sanctioned; As follows:
Article 15. Violations against regulations on business of karaoke services and discotheques
A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
e) Providing discotheque services from 2 to 8 o’clock every day;

What is the operating principle of the bar and disco business?

An enterprise or business household may only provide discotheque services after being granted a license to satisfy all business conditions and satisfy the conditions prescribed by law.
Ensuring security and social order; life, health, dignity and property of organizations and individuals participating in discotheque service activities.
Not taking advantage of business activities to give rise to social evils, crimes and other illegal acts.

Conclusion: So the above is What conditions does a bar business need in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com

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