RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 27, 2023 No. 154

About licensing

Based on the paragraph of the fourth of Article 9, of the paragraph of the fifth of part two of Item 3 of Article 21, of Item 2 of Article 27, of Item 7 of Article 315 and in pursuance of article 316 of the Law of the Republic of Belarus of October 14, 2022 "About licensing" the Council of Ministers of the Republic of Belarus DECIDES: No. 213-Z

1. Approve:

The regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data (are applied);

The regulations on form and procedure for issue of confirmation of provision of the license (are on paper applied).

2. Make to the Ministry of Economics explanations concerning application of this resolution.

3. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees and the Minsk Gorispolkom to bring the regulatory legal acts into accord with this resolution and to take other measures for its realization.

4. This resolution becomes effective after its official publication.

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 27, 2023 No. 154

Regulations on procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing, requirements to the submitted documents and (or) data

Section I. General provisions

Chapter 1. Basic provisions

1. This Provision determines procedure for representation and lists of the documents and (or) data necessary for decision making concerning licensing represented by the license applicant, the licensee, and also requested by the licensing body from other state bodies and other organizations, the requirement to the submitted documents and (or) data.

2. For the purposes of this provision terms in the values established in the Law of the Republic of Belarus "About licensing" and also the following terms and their determinations are used:

the individual entrepreneur – the individual entrepreneur registered in the Republic of Belarus;

the foreign organization – the foreign organization created according to the legislation of foreign state;

the foreign individual entrepreneur – the individual entrepreneur registered in foreign state – the member of the Eurasian Economic Union, petitioning for provision of the license for activities in the field of rail transport public;

principle place of employment – the organization or the individual entrepreneur with which the worker consists in employment relationships, except for part-time jobs;

physical person – the physical person petitioning for provision of the license for the lawyer activities or activities connected with collecting and exhibiting of weapon and ammunition;

the legal entity – the legal entity of the Republic of Belarus;

the legal entity to whom the license passed, – the legal entity to whom the license according to article 24 of the Law of the Republic of Belarus "About licensing" passed.

Chapter 2. Receipt of the license

3. For receipt of the license her job seeker or his authorized representative represents to the relevant licensing organ:

3.1. the statement for provision of the license in form according to appendix 1;

3.2. the legalized statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization, the foreign individual entrepreneur according to the legislation of the country of their organization or notarially attested copy of the specified documents (the statement shall be dated no later than six months about day of filing of application about provision of the license) with transfer on Belarusian or Russian (fidelity of transfer or authenticity of the signature of the translator shall be attested notarially);

3.3. the document confirming payment of the state fee (except as specified payments of the state fee by means of use of the automated information system of single settlement and information space and availability in the statement for provision of the license of data on it with indication of the accounting transaction number (transaction);

3.4. copies of the constituent or other organizational and administrative documents of the legal entity determining the status of separate division of this legal entity in which the license applicant intends to perform the licensed type of activity;

3.5. other documents and (or) data determined by this Provision for the specific licensed type of activity taking into account the dolitsenzionny requirements established by the Law of the Republic of Belarus "About licensing".

4. For decision making about provision of the license the licensing body requests and receives in accordance with the established procedure:

from the Single state register of legal entities and individual entrepreneurs of the data concerning the license applicant – the legal entity or the individual entrepreneur;

from the state centralized automated information system "Register of the Population" of the data concerning the license applicant – physical person, workers of the license applicant – the legal entity, the foreign organization, the individual entrepreneur;

other documents and (or) data determined by this Provision for the specific licensed type of activity.

Chapter 3. Change of the license

5. For change of the license the licensee (the legal entity to whom the license passed) or his authorized representative represents to the relevant licensing organ:

5.1. the statement for change of the license in form according to appendix 2;

5.2. the document confirming payment of the state fee (except as specified payments of the state fee by means of use of the automated information system of single settlement and information space and availability in the statement for change of the license of data on it with indication of the accounting transaction number (transaction), and also change of the license in connection with change of the legislation);

5.3. the legalized statement from the trade register of the country of organization or other equivalent proof confirming change of the name, the location of the licensee – the foreign organization; surnames, name, middle name (if that is available), residences of the licensee – the foreign individual entrepreneur, according to the legislation of the country of their organization or notarially attested copies of the specified documents with transfer on Belarusian or Russian (fidelity of transfer or authenticity of the signature of the translator shall be attested notarially) – in case of the request for change of the license on the basis provided in subitem 1.1 of Item 1 of article 22 of the Law of the Republic of Belarus "About licensing";

5.4. the document confirming transition of the license in connection with reorganization of the licensee – the legal entity (the copy of the transfer act, the separation balance sheet, constituent documents, in case of merge, accession other document or its copy from which the fact of reorganization of the licensee – the legal entity and transition of the license to other legal entity as a result of such reorganization evidently follows), – in case of the request for change of the license in connection with reorganization of the licensee – the legal entity;

5.5. copies of constituent or other organizational and administrative documents of the licensee – the legal entity (the legal entity to whom the license passed), determining the status of separate division of this legal entity in which the licensee (the legal entity to whom the license passed) intends to begin (to continue, to stop) to perform the licensed type of activity, – in case of the request for change of the license in connection with change of the list of separate divisions, including their names and (or) the location, or reorganization of the licensee – the legal entity;

5.6. other documents and (or) data determined by this Provision for the specific licensed type of activity taking into account the dolitsenzionny, licensed requirements established by the Law of the Republic of Belarus "About licensing".

6. For change of the license in the cases provided in subitems 1.4 and 1.5 of Item 1 of article 22 of the Law of the Republic of Belarus "About licensing" the documents and (or) data specified in subitems 5.5 and 5.6 of Item 5 of this provision are represented for each declared work and (or) the service constituting the licensed type of activity for everyone to the territory, separate division of shopping and other facility, the room, the vehicle on which (in which with which use) the licensed type of activity (the work and (or) service constituting the licensed type of activity) will be performed.

7. For decision making about change of the license the licensing body requests and receives in accordance with the established procedure:

from the Single state register of legal entities and individual entrepreneurs of the data concerning the licensee – the legal entity or the individual entrepreneur;

from the state centralized automated information system "Register of the Population" of the data concerning the licensee – physical person, workers of the licensee – the legal entity, the foreign organization, the individual entrepreneur;

other documents and (or) data determined by this Provision for the specific licensed type of activity.

8. The decision on change of the license is made in cases:

changes of the name, the location of the licensee – the legal entity; surnames, own name, middle name (if that is available), registration at the place of residence of the licensee – the individual entrepreneur if such change does not attract need of change of other data specified in the Unified register of licenses – based on the statement for change of the license and the corresponding data received by the licensing body from the Single state register of legal entities and individual entrepreneurs;

changes of surname, own name, middle name (if that is available), registration at the place of residence of the licensee – physical person if such change does not attract need of change of other data specified in the Unified register of licenses – based on the statement for change of the license and the corresponding data received by the licensing body from the Register of the population.

9. Submission by the licensee of other documents and (or) data for change of the license in the cases provided in Item 8 of this provision is not required.

Chapter 4. Representation, acceptance and document storage concerning licensing

10. Personal submission of the documents and (or) data specified in Items 3 and 5 of this provision is performed by the license applicant (licensee) or his authorized representative with simultaneous presentation:

the identity document, and the document confirming powers of the head (the order on position assignment of the head, or the statement from the decision of general meeting, board or other governing body of the legal entity, the foreign organization, either the employment contract (contract), or the civil agreement), – the head of the legal entity, the foreign organization;

the identity document, – physical person, the individual entrepreneur, the foreign individual entrepreneur;

the identity document, and the power of attorney or other document confirming powers on making of legally significant actions on behalf of the license applicant (licensee) including powers on representation of its interests in the relations regulated by the legislation on licensing – the authorized representative of the license applicant (licensee).

11. In the cases provided by the Law of the Republic of Belarus "About licensing":

the statement for provision (change) of the license is submitted the license applicant (licensee) in authorized structural division of the licensing body;

the documents and (or) data necessary for decision making concerning licensing, can be requested from other state bodies and other organizations by representatives by the licensing body its structural division, territorial authority, the subordinate organization, the organization which is its part (system).

12. For activities in the field of gaming the direction by license applicants (licensees) of the statements attached to them documents (data) electronically by the Ministry of Taxes and Tax Collection of notifications on the made decisions concerning licensing electronically till January 1, 2025 can be performed with use of the software of the portal of the Ministry of Taxes and Tax Collection.

13. If legal acts do not provide other, it is forbidden to demand from the license applicant (licensee) of the appeal to commercial and non-profit organizations for rendering the services connected with preparation and (or) document creation, other works on questions of licensing to them.

14. In specifying cases in the statement for provision (change) of the license not of all data, or submission not of all documents provided by this Provision or non-presentations of the relevant document specified in Item 10 of this provision, the licensing body refuses acceptance of this statement to consideration. The motivated refusal in reception of an application about provision (change) of the license to consideration no later than two working days following behind day of receipt it in the licensing body goes together with this statement and documents (data) attached to it to the license applicant (licensee):

in case of submission of such statement personally or by means of mail service – by mail the registered mail with the custom notification on obtaining;

in case of submission of such statement electronically through the single portal of electronic services or in the form of the electronic document * with use of system of interdepartmental electronic document management of state bodies of the Republic of Belarus, either national mail electronic system, or e-mail – the electronic message in the personal electronic account functioning based on the single portal of electronic services or in the form of the electronic document by means of system of interdepartmental electronic document management of state bodies of the Republic of Belarus, or on electronic mailbox of national mail electronic system, or on the e-mail address of the license applicant (licensee) respectively;

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