1. Necessary licenses when operating bars and pubs

If you want to run a Bar or Pub business, you must have the following documents:

• Business registration license for enterprise or household business.
• Certificate of eligibility for food hygiene and safety
• Certificate of good satisfaction of security and order conditions.
• Fire prevention certificate
• License to sell alcohol for on-site consumption

2. Conditions and regulations for bar and pub business

Conditions for bar and pub business are specified in Article 5Decree 54/2019/ND-CP as follows:

• Must be an enterprise or business household established in accordance with the law.
• Ensuring conditions for fire and explosion prevention and fighting, security and order according to the provisions of Decree No. 96/2016/ND-CP dated July 1, 2016 of the Government stipulating conditions for security and order For some industries and professions, business investment is conditional.
• The dance hall must have a usable area of ​​80m2 or more, not including auxiliary works.
• Do not place door latches inside the dance hall or place alarm devices (except fire alarm devices).
• The business location must be 200m or more from schools, hospitals, religious and belief facilities, and historical and cultural relics.

Pursuant to Article 6 of Decree 54/2019/ND-CP, enterprises or business households have the following responsibilities:

• Not allowed to operate from 2:00 a.m. to 8:00 a.m.
• Do not provide discotheque services to people under 18 years old.
• In case there is an art performance program, it must comply with the regulations on art performance.

3. Application for Bar and Pub business license

Depending on the specific type of business, the application for a Bar or Pub business license will be different, specifically:

3.1. For business households

Applications for Bar and Pub business licenses for business households require an Application for Business Registration (According to the prescribed form).Circular No. 02/2019/TT-BKHDT), include:

• Certificate of eligibility for business registration (According to the form prescribed in Circular No. 02/2019/TT-BKHDT) for conditional occupations;
• Copy of certificate of home ownership (where the business location is located) or premises rental contract (confirmed by the People's Committee of the commune, ward, town or state notary agency);
• A valid copy of the valid Citizen Identification Card or Identity Card or Passport of the individuals participating in the business household or household representative and a valid copy of the individual group meeting minutes on the establishment Establishing a business household in the case of a business household established by a group of individuals.

3.2 For domestic enterprises

Dossier to apply for a bar or pub business license for domestic businesses includes:

• Application for business registration according to form
• Draft charter of the company (limited company, joint stock company, partnership)
• List of shareholders/founding members/authorized representatives to manage capital contributions (depending on the type of business chosen)
• Valid copy of one of the following documents:
  • Citizen identification card, ID card, passport or other legal personal identification of individual members;
  • Decide to establish; Business registration certificate or other equivalent document of the organization and authorization document; Citizen identification card, ID card, passport or other legal personal identification of the authorized representative of the organizational member.
• Authorization letter for representative to submit documents (if any). Identification documents of the representative submitting the application
• Document confirming legal capital.

3.3 For enterprises with foreign investment capital

Base Article 12 Decree 09/2018/ND-CP Regulations on business license application documents for foreign-invested enterprises are as follows:

• Application for Business License (Form No. 01 in the Appendix issued with this Decree).
• The explanation contains:
  • Explanation of the conditions for granting the corresponding Business License according to the provisions of Article 9 of this Decree;
  • Business plan: Describes the content and methods of implementing business activities; present business plans and market development; labor needs; Evaluate the socio-economic impact and efficiency of the business plan;
  • Financial plan: Report on business performance results on the basis of audited financial statements of the most recent year in case established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; Attached are financial documents;
  • Business situation of buying and selling goods and activities directly related to buying and selling goods; The financial situation of the economic organization with foreign investment capital as of the time of application for a Business License, in the case of granting a Business License specified in Clause 6, Article 5 of this Decree.

• Tax authority documents proving no overdue tax debt.
• Copy: Business registration certificate; Investment registration certificate for projects selling and buying goods and activities directly related to buying and selling goods (if any).

4. Procedures for applying for a Bar and Pub business license

You just need to follow the procedure according to the steps specified in Article 11Decree 54/2019/ND-CP to apply for a Business Qualification License. Specific procedures are as follows:

Step 1: Enterprises or business households send directly or by post or online 01 set of documents to the agency granting Business Eligibility License: Business Registration Office in the district/district where the business location is located (Household Business). joint); Department of Planning and Investment (Enterprise).

The dossier includes: Application for a Business Qualification License (according to Form No. 01 in the attached Appendix).Decree 09/2018/ND-CP), certified copy or copy with original presented for comparison of Certificate of satisfaction of security and order conditions as prescribed in Article 10 of this Decree

Step 2: In case the dossier is not in accordance with regulations, within 01 working day from the date of receiving the dossier, the agency granting the Business Eligibility License will issue a written notice requesting completion of the dossier.

Step 3: In case the dossier is complete as prescribed, within 05 working days from the date of receiving the dossier, the agency granting the Business Eligibility License shall appraise the dossier and actually appraise the conditions specified in Decree No. This Decree, issue a Business Eligibility License (according to Form No. 02 in the attached Appendix Decree 09/2018/ND-CP). In case of not granting a Business Eligibility License, a written response must be provided clearly stating the reason.

Step 4. The competent authority issuing the Business Eligibility License shall send and save this License as follows:

• 02 copies are kept at the agency granting the Business Qualification License;
• 01 copy sent to the enterprise or business household that is granted a Business Qualification License;
• 01 copy sent to the district police agency where the business is conducted;
• 01 copy sent to the agency issuing the Enterprise or Business Registration Certificate;
• Posted on the electronic information page of the agency granting the business license.

5. Apply for a food hygiene and safety certificate

Food hygiene and safety certificate is one of the required documents for you to put your Bar or Pub into operation. To obtain this certificate, you need to prepare documents to issue a Certificate of establishment meeting food safety conditions according to Clause 1, Article 36. Food Safety Law 2010, include:

• Application for issuance of Certificate of establishment meeting food safety conditions;
• Copy of Business Registration Certificate;
• Explanation of facilities, equipment and tools to ensure food hygiene and safety conditions according to regulations of competent state management agencies;
• Certificate of good health of the facility owner and person directly producing and trading food issued by a district-level medical facility or higher;
• Certificate of training in food safety and hygiene of the facility owner and of the person directly producing and trading food according to regulations of the Minister of Industry Management.

The authority to issue a Certificate of establishment meeting food safety conditions in the case of food and beverage service business at bars falls under the authority of the Ministry of Health.

6. Apply for a certificate that satisfies security and order conditions

Article 19Decree 96/2016/ND-CP When applying for a certificate of establishment meeting security and order conditions, it is necessary to prepare a dossier including the following papers and documents:

• Written request for a Certificate of satisfaction of security and order conditions of the business establishment (Form No. 03 in the Appendix issued with this Decree).
• Valid copy of one of the following types of documents: Business registration certificate/ Enterprise registration certificate/ Business household registration certificate.
• Valid copies of papers and documents proving the assurance of fire prevention and fighting safety conditions for the business area and warehouse for storing raw materials and goods.
• Curriculum vitae (Form No. 02 in the Appendix issued with this Decree) enclosed with a criminal record card or Personnel Declaration (Form No. 02b in the Appendix issued with this Decree) of the person in charge Responsible for security and order of business establishments.

Authority to issue certificates of establishments meeting security and order conditions: District and ward-level police of provinces and centrally run cities.

7. Apply for a fire safety certificate

Dossier to apply for a fire prevention and fighting license includes:

• Copy of business registration certificate
• Application for issuance of Certificate of eligibility for fire prevention and fighting;
• Copy of Fire Prevention and Fighting Approval Certificate and Fire Prevention and Fighting Acceptance Document (Clause 2, Article 15 Decree 136/2020/ND-CP) for new construction facilities or a copy of the minutes Check fire prevention and fighting safety for the facility;
• A list of equipped fire prevention and fighting equipment and life-saving equipment according to the form;
• Decision to establish a grassroots fire prevention and fighting team with a list of people trained in fire prevention and fighting;
• Fire-fighting plan

Agencies competent to issue Fire Prevention and Fighting Certificates include: Fire Prevention, Fighting and Rescue Police Department; Provincial Fire Prevention and Fighting Police or Fire Prevention, Fighting and Rescue Police Department, Provincial and City Police

8. Apply for a license to sell alcohol for on-site consumption when the bar sells alcohol

A characteristic of bars and pubs is that they often have to prepare drinks and serve them right at the counter. Therefore, to be able to do this, an additional license to sell alcohol on site is required. Pursuant to Article 24Decree No. 105/2017/ND-CP, the following legal documents are required:

• Application for a License to sell alcohol for on-site consumption according to Form No. 01 issued with this Decree.
• Copy of Certificate of registration of enterprise, cooperative, cooperative union or business household.
• Copy of lease/borrowing contract or documents proving the legal right to use the proposed premises as a place to sell alcohol for on-site consumption.
• Copy of alcohol sales contract with traders who have a License to produce, distribute, wholesale or retail alcohol.
• A commitment made by the trader himself, clearly stating that the trader ensures full compliance with the requirements for fire prevention and fighting and environmental protection according to the provisions of law at alcohol sales locations. on-site consumption.

Authority to issue licenses to sell alcohol for on-site consumption: Economic Department or Economic and Infrastructure Department of the People's Committee of the district, town, or provincial city.

9. Lawyers advise on bar business license application services

With a team of experienced, enthusiastic and dedicated lawyers, Truong Quyen Law Office - Davilaw Branch is proud to be the leading unit supporting all legal issues, consulting on conditions and legal requirements. Legal issues regarding establishment and registration of Bar and Pub business include:

• Prepare establishment documents
• Authorized representative submits documents, explains, and receives results
• Consulting on issues after establishing a business
• Regular consulting for businesses