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Heading "Legal advice"
GV KHIMCHENKO, Consultant of the Accounting and Reporting Methodology Department of the Ministry of Finance of the Republic of Belarus
Both organizations operating in the field of providing tourist and excursion services, and tourists - individuals should know some points that will help some to clearly organize the process of implementing tourist services, and others - to purchase a voucher (voucher).
In accordance with the Law of the Republic of Belarus dated November 25, 1999, No. 326-З "On Tourism", a travel company in which the consumer intends to buy a voucher (voucher) is the seller (executor). At the same time, a tourist service is the result of the organization's activities to meet the corresponding needs of tourists. A complex of tourist services (tour) may include transport services, booking a place to stay, catering, excursions, cultural, sports and other programs. For a tourist organization, a tour intended for implementation is a tourist product.
An agreement is concluded between the tourist and the tourist organization, to which a voucher is issued.
Contractual relations in the field of tourism are not limited to the relations of the travel agency with consumers (tourists). There is also a contractual relationship between a tour operator and a travel agent, which can usually be built according to one of three contractual models:
During the tour, the consumer can enter into independent contractual relations with hotels, catering organizations, carriers, etc.
Belarusian legislation regulates mainly the relationship between a tourist and a travel agency. Outside of this regulation are the relations "tour operator - travel agent", which in this case are subject to legal regulation either exclusively on a contractual basis, or in accordance (if we are talking about outbound tourism) with the legislation of the host party, or (if there is a corresponding reference in the contract) according to international conventions in the field of tourism.
When signing an agreement with foreign partners, the parties exchange samples of tourist vouchers (for receiving foreign tourists in the Republic of Belarus and sending citizens of the Republic of Belarus abroad), upon presentation of which the receiving party is obliged to provide the level of service and a range of services specified in voucher.
Cosmetology clinics and beauty salons could operate without a medical license if the price list included only masks, peels, shugaring and massage. Entrepreneurs found a loophole in the vague wording of laws so as not to collect documents for Roszdravnadzor.
The loophole no longer exists. In 2018, government agencies began to conduct inspections, judge and fine. In 2019, the practice has already been developed. Salons are forced to provide only domestic services, obtain a license or close.
Now we will tell you what documents are needed, where to get them and where to carry them in order to obtain a medical license in accordance with the Federal Law of 04. 5. 011 N 99-FZ "On licensing certain types of activities"
A medical license is needed for beauty salons, clinics, everyone who does massage (Thai too), epilation and depilation, piercings, and also applies tattoos and permanent make-up. All these services are medical. Yes, sugaring and wax also count.
Look for a complete list in the nomenclature of medical services approved by order of the Ministry of Health of the Russian Federation of 13. 0. 017 No. 804n. Among them, many services were previously considered cosmetic. For example, numbered A14. 1.12 - depilation, and A14. 1. 13 - epilation.
The official website of Roszdravnadzor has a full list of services related to medical activities. At the bottom of the page, you will find a downloadable document. This is that list.
A medical license can be obtained by both an organization and an individual entrepreneur. The requirements are the same for everyone, regardless of the organizational and legal form. But the individual entrepreneur must have a diploma of higher professional (medical) education and a certificate of advanced training.
We do not recommend trying to obtain a license for an individual entrepreneur. The law says that this is possible, but in practice there are practically no such cases - our lawyer, friends and acquaintances of the lawyer do not know such cases.
In addition, the individual entrepreneur himself bears full responsibility as an individual for the actions or inaction of his employees. If an out of the ordinary situation happens, for example, someone is hurt, then the individual entrepreneur will be judged to the fullest extent, as if he himself caused harm to someone. The organization would have gotten off with a fine.
Medical massage is in great demand in the service market and brings good profit to the owners of such a business. But is there a need to license your activities or can you do without it? Let's figure out in which cases it is necessary to obtain a permit, consider how to do it, what reasons may become a reason for refusing to obtain a license. We will also touch on the question of what responsibility will be borne by the one who provides massage services without permission.
There is no doubt that permission is required to provide medical massage services. Confusion arises in the definition of the very concept of "medical massage". Let's see what sources determine this issue.
Massage services are regulated by Government Decree No. 291 of 2016. This document deals with the licensing of medical services, but does not define exactly what is meant by medical massage. The variety of its types leads to confusion on this issue.
It is obligatory to obtain a license for the following types of massage:
PLEASE NOTE! Household massage does not require permission, as it does not belong to the category of medical. General strengthening and relaxing (cosmetic) massage is also not subject to licensing.
However, an important note - unlicensed species can only be applied to healthy people. If massage is used for treatment, prevention or rehabilitation, then it is considered medical and requires a license.
The high demand for massage creates favorable conditions for running a profitable business in this area. However, in order to open a massage parlor and run it legally, a lot of preliminary work needs to be done.
The first step is to prepare a package of documents and pay the state fee. Then make an appointment with the Federal Organization for the Supervision of Health and Social Development. There you must submit an application and prepared documents.
In addition to the constituent documents, you will need certificates confirming the qualifications of the master and certificates from SanEpidNadzor.
There are many subtleties in the procedure for obtaining permission for a massage parlor. Before proceeding with it, you need to understand everything.
Holidays in hot and colorful Argentina will be an unforgettable adventure for every tourist. This country of enchanting carnivals, passionate tango and legendary football gives its guests a sea of positive emotions, opens the gates of ancient monasteries and deserted deserts. Argentina harmoniously combines modern megacities with skyscrapers and the quiet secluded expanses of Patagonia, snowy mountain peaks and endless white sandy beaches
The tourism sphere, declared a priority in Armenia, develops as best it can, meeting, most often, obstacles in the form of indifference or unprofessional attitude. This also applies to medical tourism, a promising direction, but forced to achieve everything without any help.