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Nghị định 103/2009/NĐ-CP ban hành Quy chế hoạt động văn hóa và kinh doanh dịch vụ văn hóa công cộng
| Số hiệu: | 103/2009/NĐ-CP | Loại văn bản: | Nghị định |
| Nơi ban hành: | Chính phủ | Người ký: | Nguyễn Tấn Dũng |
| Ngày ban hành: | 06/11/2009 | Ngày hiệu lực: | 01/01/2010 |
| Ngày công báo: | 22/11/2009 | Số công báo: | Từ số 529 đến số 530 |
| Lĩnh vực: | Doanh nghiệp, Văn hóa - Xã hội | Tình trạng: | Còn hiệu lực |
TÓM TẮT VĂN BẢN
Văn bản tiếng việt
Nghị định 103/2009/NĐ-CP (Bản Word)
Văn bản tiếng anh
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
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No. 103/2009/ND-CP |
Hanoi, November 06, 2009 |
PROMULGATING THE REGULATION ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal the Minister of Culture. Sports and Tourism,
DECREES:
Article 1. To promulgate together with this Decree the Regulation on cultural activities and commercial provision of public cultural services.
This Decree takes effect on January 1, 2010, and replaces the Government's Decree No. 11/2006/ND-CP of January 18, 2006, promulgating the Regulation on cultural activities and commercial provision of public cultural services.
Article 3. Grant of business registration certificates and permits for dance halls and karaoke parlors
Provinces and centrally run cities which have approved master plans on dance halls and karaoke parlors under the Regulation on cultural activities and commercial provision of public cultural services, promulgated together with the Government's Decree No. 11/2006/ND-CP of January 18, 2006, and the Prime Minister's Directive No. 17/2005/CT-TTg of May 25.2005, redressing negative practices in bars, karaoke parlors and dance halls, may continue granting business registration certificates and business permits in accordance with approved master plans.
Article 4. Implementation responsibilities
The Minister of Culture, Sports and Tourism shall guide the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally run cities shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT |
ON CULTURAL ACTIVITIES AND COMMERCIAL PROVISION OF PUBLIC CULTURAL SERVICES
(Promulgated together with the Government's Decree No. 10.V2009/ND-CP of November 6, 2009)
Article 1. Purposes of cultural activities and commercial provision of public cultural services; responsibilities of heads of agencies and organizations for their cultural activities
1. Cultural activities and commercial provision of public cultural services must aim to build an advanced culture imbued with national identity: educate the public in healthy lifestyles and cultured behaviors; inherit and promote the tradition of humanism, mutual affection, and fine customs and habits; raise the aesthetic knowledge and level and enrich the spiritual life of the people; prevent the invasion of and do away with cultural products with harmful contents; and contribute to promoting national socio-economic development.
2. Heads of state agencies, people's armed units, economic organizations, political organizations, socio-political organizations, sociopolitical-professional organizations, social organizations and socio-professional organizations shall take responsibility before law for cultural activities and cultural services under their management.
Article 2. Scope of regulation and subjects of application
1. Scope of regulation:
a/ This Regulation regulates cultural activities and commercial provision of public cultural services (below referred to as the Regulation), including circulation of and dealing in music and theatrical tapes and discs: art performances, fashion shows: cultural and art exhibitions; organization ot festivities; writing and placement of signboards: dance hall and karaoke activities, electronic games; and other cultural activities and cultural services and other forms of recreation and entertainment;
b/ Places where cultural activities or public cultural services prescribed by this Regulation are organized include theaters, cultural houses, exhibition centers, cultural centers, clubs, hotels, guest houses, lodging houses, restaurants, bars, shops, department stores, stadiums, gymnasiums, public squares, means of mass transit and other means and places where cultural activities and cultural services specified at Point a of this Clause are organized.
2. Subjects of application:
This Regulation applies to Vietnamese and foreign organizations and individuals currently operating in Vietnam. When a treaty to which Vietnam is a contracting party provides otherwise, such treaty prevails.
Article 3. Prohibitions on cultural activities and commercial provision of public cultural services
The following activities are prohibited:
1. Cultural activities and commercial provision of cultural services with the following contents:
a/ Inciting the people to oppose the State of the Socialist Republic of Vietnam: undermining the unity block of the entire people;
b/ Inciting violence, propagandizing wars of aggression, sowing hatred between nations and peoples; disseminating reactionary ideas and cultures, depraved lifestyles, criminal acts, social evils, superstitions, acts against fine customs and habits, harming the health and deteriorating the eco-environment.
c/ Disclosing Party and State secrets, military, security, economic and foreign relation secrets, personal privacy and other secrets under law;
d/ Distorting history, negating revolutionary achievements, offending personalities, offending the nation, slandering and hurting the honor and reputation of organizations, and honor and dignity of individuals.
2. Circulating, disseminating and trading in illegally produced or imported cultural products, cultural products subject to circulation suspension, circulation ban, withdrawal, confiscation or destruction decisions; commercially providing cultural services without business registration certificates or business permits required by law.
3. Organizing cultural activities and commercially providing cultural services in violation of regulations on civilized lifestyles, security, order and fire and explosion prevention and fighting.
CIRCULATION OF AND DEALING IN MUSIC AND THEATRICAL TAPES AND DISCS
Article 4. Types of music and theatrical tapes and discs governed by the Regulation
1. Music and theatrical tapes and discs provided by this Regulation include cassette tapes, videotapes. CDs, VCDs. DVDs, CD-ROMs, computer discs. IC chips. USB and other means, devices and materials recorded with music and theatrical performances, fashion shows, beauty contests and sports, below referred to as music and theatrical tapes and discs.
2. Music and theatrical tapes and discs of publishing houses are not governed by this Regulation.
Article 5. Competence and procedures to grant circulation permits and control labels for music and theatrical tapes and discs
1. Locally produced or imported music and theatrical tapes and discs shall be previewed and granted permits by competent state agencies specified in Clause 2 of this Article before their wide circulation. Music and theatrical tapes and discs permitted for wide circulation shall be stuck with control labels under Clause 4 of this Article.
2. Competence to grant circulation permits for music and theatrical tapes and discs:
a/ The Ministry of Culture. Sports and Tourism shall grant circulation permits for tapes and discs produced or imported by central organizations:
b/ Provincial-level Culture. Sports and Tourism Departments shall grant circulation permits for tapes and discs produced or imported by local organizations and individuals.
c/ Organizations and individuals obtaining circulation permits for music and theatrical tapes and discs shall deposit two tapes or discs at the licensing agency. Licensing agencies shall receive and store deposited tapes and discs for two years. Past this time limit, they shall dispose of these tapes and discs under the Minister of Culture, Sports and Tourism's regulations.
3. Procedures of application for circulation permits for music and theatrical tapes and discs:
Applicants for permits shall send dossiers to competent state agencies specified in Clause 2 of this Article.
a/ A dossier comprises:
- An application for a circulation permit for a music or theatrical tape or disc, stating the content (theme) of the tape or disc, titles and origin of the works, names of authors;
- Papers proving the product ownership;
- Product applied for the permit, enclosed with the music sheet or script.
b/ Within 7 working days after receiving a complete and valid dossier, a competent agency shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.
4. Procedures of application for control labels of music and theatrical tapes and discs:
Applicants for control labels shall submit dossiers to the Ministry of Culture. Sports and Tourism.
a/ A dossier comprises:
- An application for control labels, stating the title of the music or theatrical tape or disc, number of the circulation permission decision and quantity of control labels;
- A legally valid copy of the circulation permission decision (for cases in which provincial-level Culture, Sports and Tourism Departments grant circulation permits).
b/ Within 7 working days after receiving a complete and valid dossier, a competent agency shall grant control labels. In case of refusal, it shall issue a written reply clearly stating the reason.
Article 6. Regulations applicable to organizations and individuals trading in and disseminating music and theatrical tapes and discs
1. Organizations and individuals trading in music and theatrical tapes and discs may reproduce only music and theatrical tapes and discs already permitted for circulation and circulate, sell and rent tapes and discs stuck with control labels under regulations.
2. Organizations and individuals disseminating music and theatrical tapes and discs for commercial or non-commercial purposes may disseminate only those already permitted for circulation and stuck with control labels under regulations.
3. Organizations and individuals reproducing, selling and renting music and theatrical tapes and discs may not commit the following acts:
a/ Reproducing tapes or discs without copyright owners' agreement;
b/ Adding or cutting pictures or sounds, which changes the contents of the tapes or discs already permitted for circulation;
c/ Reproducing tapes or discs banned from circulation or subject to withdrawal, confiscation or destruction decisions.
ART PERFORMANCES, FASHION SHOWS
Article 7. Competence and procedures to grant permits for art performances and fashion shows
1. Organizations and individuals organizing art performances or fashion shows before public audience shall obtain public performance permits from competent state agencies according to the following regulations:
a/ The Ministry of Culture, Sports and Tourism shall grant permits to art troupes of central agencies, foreign art troupes on performance under cultural cooperation programs between central agencies and foreign countries, and overseas Vietnamese artists for giving performances in Vietnam;
b/ Provincial-level Culture. Sports and Tourism Departments shall grant permits to local art troupes, foreign art troupes and artists, and overseas Vietnamese for giving performances or fashion shows in localities that do not fall into the case specified at Point a of this Clause, individual Vietnamese artists (other than art troupes) for giving performances in localities.
2. Procedures of application for public performance permits:
Organizations or individuals wishing to organize art performances or fashion shows shall send dossiers of application for public performance permits to competent state agencies specified in Clause 1 of this Article.
a/ A dossier comprises:
- An application for a public performance permit (stating the names of the performance and performance items, authors, directors and performers);
- A written commitment not to violate Article 3 of this Regulation when organizing the performance.
- The music sheet or script, for a work applied for first public performance; photos or model designs of costumes to be shown, for a fashion show.
b/ Within 7 working days after receiving a complete and valid dossier, a competent state agency shall grant a permit. In case of refusal, it shall issue a written reply clearly staling the reason. For cases which require program preview before permit grant, the applicant shall create conditions for such preview by a competent state agency.
Article 8. Organization of art performances without sale of tickets
1. Organizations or individuals that organize performances by Vietnamese art troupes or artists for internal entertainment purposes or at hotels, restaurants or bars without sale of tickets are not required to apply for a permit, but shall ensure that only songs, melodies or plays already permitted for public performance are performed.
2. Owners of hotels, restaurants or bars that organize performances given by foreign art troupes or artists at their establishments without sale of tickets shall register these performances with provincial-level Culture, Sports and Tourism Departments.
Past 7 working days after such registration, if provincial-level Culture, Sports and Tourism Departments give no opinions, registrants may organize performances according to the registered contents. The Ministry of Culture, Sports and Tourism shall prescribe registration procedures.
Article 9. Responsibilities of owners of art performance or fashion show venues
The owner of an art performance or a fashion show venue shall observe the following provisions:
1. Not to issue tickets in excess of the number of seats, the accommodating capacity or the number permitted by competent agencies; to ensure fire and explosion prevention and fighting conditions;
2. To ensure that the volume of sound that leaks out of the performance venue does not exceed the prescribed noise limit:
3. Not to admit drunkards or drug users to the art performance or fashion show venue:
4. To post up rules on civilized manners at the art performance or fashion show venue for public information and compliance.
Article 10. Responsibilities of organizers of art performances and fashion shows
The organizer of an art performance or a fashion show before public audience shall observe the following provisions:
1. To strictly observe the provisions of the public performance permit and relevant laws.
2. Not to commit the following acts:
a/ Requesting or permitting performers to use costumes or made-ups inappropriate to fine customs and practices of the nation;
b/ Altering, adding or cutting words, dialogues or adding performing acts different from those already permitted for public performance, thereby causing bad consequences;
c/ Using pre-recorded soundtracks to replace the true voice of performers (lip-sync);
d/ Organizing performances by those who have been banned from performance by state management agencies in charge of culture, sports and tourism:
e/ Running advertisements with the names of artists or art establishments that do not actually participate in performance; or with titles or artistic achievements not true to those actually conferred to artists by the State or functional agencies.
f/ Operating from after 00:00 hrs to 8:00 hrs without permission of provincial-level Culture, Sports and Tourism Departments of the localities where performances or shows are organized.
Article 11. Responsibilities of art and fashion performers
Those giving art performances or fashion shows before public audience shall comply with Clause 1. Points b and c. Clause 2, Article 10, and other relevant provisions of this Regulation. When giving performances, they may not commit improper acts or utter rude or incorrect words.
Article 12. Cultural and art exhibitions governed by the Regulation
Cultural and art exhibitions provided for in this Regulation include fine-art exhibitions, photo exhibitions and other cultural and art exhibitions.
Article 13. Competence and procedures to grant exhibition permits
1. Fine-art exhibitions and photo exhibitions of Vietnamese organizations or individuals, fine-art exhibitions, photo exhibitions and other cultural and art exhibitions of foreign organizations or individuals in Vietnam are subject to licensing by competent state agencies according to the following provisions:
a/ The Ministry of Culture. Sports and Tourism shall grant permits to sectoral-level fine-art exhibitions and photo exhibitions of central agencies; foreign fine-art exhibitions, photo exhibitions and other cultural and art exhibitions in the name of a country or many countries; exhibitions of international organizations in Vietnam;
b/ Provincial-level Culture. Sports and Tourism Departments shall grant permits to fine-art exhibitions and photo exhibitions of local organizations or individuals; fine-art exhibitions and photo exhibitions of central agencies: fine-ail exhibitions, photo exhibitions and other cultural and art exhibitions of foreign organizations or individuals in localities which do not fall within the competence of the Ministry of Culture. Sports and Tourism under Point a of this Clause.
2. Procedures of application for exhibition permits:
Organizations or individuals wishing to organize cultural or art exhibitions shall submit dossiers of application for exhibition permits to competent state agencies specified in Clause 1 of this Article.
a/ A dossier comprises:
- An application for an exhibition permit, stating the tentative time and venue of the exhibition;
- A list of works and authors; for a photo exhibition, the size of works must be specified; for a fine-art exhibition, the material and size of works and their photos of 9 x 12 cm or larger are required;
- The invitation form, the catalog on the exhibition;
- A written commitment not to violate Article 3 of this Regulation when organizing the exhibition;
- Related documents in a foreign language must be accompanied with the Vietnamese translations.
b/ Within 10 working days after receiving a complete and valid dossier, a competent state agency shall grant a permit. In case of refusal, it shall issue a written reply clearly stating the reason.
Article 14. Exhibitions subject to registration
Other cultural or art exhibitions of Vietnamese organizations or individuals not falling into the case subject to licensing under Article 13 of this Regulation shall be registered with provincial-level Culture, Sports and Tourism Departments of the localities where they are organized. Past 7 working days after registration, registrants may organize exhibitions according to the registered contents if provincial-level Culture, Sports and Tourism Departments give no opinion. Registration procedures shall be prescribed by the Ministry of Culture, Sports and Tourism.
Article 15. Conditions on exhibitions and responsibilities of exhibition organizers
1. Cultural and art exhibitions provided for in this Regulation must meet the following conditions:
a/ Exhibits and documents on display must be relevant to the exhibition's theme and content, of clear origin and under the lawful ownership or use rights of the organizer;
b/ The exhibition venue's area must be appropriate to the nature and scope of the exhibition; and ensure order, security, social safety, traffic safety, environmental sanitation and conditions for fire and explosion prevention and fighting;
c/ The owner of the exhibition venue may organize the exhibition only when having obtained a permit under Clause 1. Article 13 or made registration under Article 14 of this Regulation.
2. An organization or individual that has made registration for an exhibition or obtained an exhibition permit shall:
a/ Ensure that the content and form of display of the exhibition be consistent with the registered dossier or granted exhibition permit;
b/ If wishing to change the content, display design, venue or time of the exhibition, send a written request therefor to the competent state agency which has carried out the registration or granted the permit and effect the change only after obtaining written approval from such agency;
c/ When a competent state agency which has carried out exhibition registration or granted an exhibition permit needs to preview the exhibition contents before the opening date of the exhibition, create conditions for such agency to make the preview at least 5 days before the opening date of the exhibition.
Article 16. Provisions on activities related to exhibition organization
Advertising activities, press conferences, cultural-art activities, sports, recreational and entertainment activities in exhibitions must comply with relevant laws.
Article 17. Festivities governed by the Regulation
1. Festivities provided in this Regulation include traditional festivities, historical and revolutionary festivities, cultural and tourist festivities and festivities of foreign origin organized in Vietnam.
2. Religious festivities organized by religious congregations or chaired by religious dignities must comply with the law on religious activities and relevant provisions of this Regulation.
Article 18. Competence and procedures to grant festivity organization permits
1. The organization of festivities defined in Article 17 of this Regulation and falling into any of the following cases must be permitted by People's Committees of provinces or centrally run cities where festivities are organized:
a/ Festivities organized for the first time;
b/ Festivities restored after many years' interruption;
c/ Periodically organized festivities but with changes in their traditional contents and/or time;
d/ Festivities of foreign origin organized by foreign or Vietnamese organizations.
2. Procedures of application for festivity organization permits: Agencies or organizations wishing to organize festivities defined in Clause 1 of this Article shall send permit application dossiers to provincial-level Culture, Sports and Tourism Departments of localities where festivities will be organized at least 30 working days before the expected opening date of such festivities.
a/ A dossier comprises:
- An application for a festivity organization permit (clearly stating the content of the festivity or the change in the traditional content of the festivity, time and venue of the festivity, a plan to set up an organizing committee, and conditions necessary for ensuring security and order during the festivity);
- A written commitment not to violate Article 3 of this Regulation when organizing the festivity.
b/ Within 10 working days after receiving complete and valid dossiers, provincial-level Culture. Sports and Tourism Departments shall submit their proposals to provincial-level People's Committees which shall grant festivity organization permits within 10 working days after receiving such proposals. Within 10 working days after receiving complete and valid dossiers, provincial-level Culture. Sports and Tourism Departments shall grant permits when they are authorized to do so by provincial-level People's Committees. In case of refusal, they shall reply in writing clearly stating the reason.
Article 19. Festivities not subject to licensing
The following festivities may be organized without a permit but their organization shall be reported in writing to competent state agencies under the guidance of the Ministry of Culture, Sports and Tourism:
1. Traditional festivities which have been organized regularly, continuously or periodically: cultural and tourist festivities.
2. Festivities defined at Points a, b and c, Clause 1, Article 18 of this Regulation which are organized for the second time on.
Article 20. Responsibilities of festivity organizers
Festivity organizers shall comply with the following provisions:
1. To set up an organizing committee.
2. Festive rituals must be solemnly practiced in a traditional manner under the guidance of competent state agencies in charge of culture, sports and tourism.
3. Within the festivity area, the national flag must be hoisted in a solemn place above festive flags.
4. Folk games, cultural performances and sports organized in the festivity area must be of useful and healthy contents appropriate to the scope, nature and characteristics of the festivity.
5. Donations, charities, financial supports and other revenues from the organization of festivities must be managed and used in accordance with law.
Article 21. Provisions applicable to festivity attendants
Festivity attendants shall behave in a proper civilized manner and observe the rules of festivity-organizing committees.
WRITING AND PLACEMENT OF SIGNBOARDS
Article 22. Forms of signboards
The writing, placement, hanging, sticking, erection and installation of signboards, below collectively referred to as writing and placement of signboards, at head offices and business places of organizations or individuals in the form of boards, posters, illuminated signs, neon signs or other forms, to show the names and transaction addresses of Vietnamese or foreign organizations or individuals in Vietnam are not subject to licensing but must comply with Article 23 of this Regulation.
Article 23. Beauty, letters, positions and contents of signboards
1. Beauty and letters of signboards:
a/ A signboard must be beautifully designed;
b/ A signboard must be written in Vietnamese; abbreviated names and international transaction names, foreign names or words must be written below Vietnamese words in a smaller size.
2. Position of signboards:
A signboard must be written and placed very close to the front gate of the head office or business place of the organization or individual; each agency or organization may have only one signboard at its gate: at the head office or business place independent from other organizations or individuals, only one horizontal signboard and no more than two vertical signboards may be placed.
3. Contents of a signboard:
a/ The name of the direct managing agency (if any);
b/ The full name in Vietnamese as indicated in the establishment decision or business registration certificate granted by a competent agency;
c/ Type of the enterprise or cooperative;
d/ Major trades or business lines (for goods production and business establishments and service providers);
e/ The transaction address, telephone number (if any);
f/ The signboard may show the logo already registered with a competent agency with an area not exceeding 20% of the signboard's area, but not any advertisement for any kind of goods or service.
Article 24. Conditions on dance hall business
Star- or luxury-grade hotels, cultural houses and cultural centers with the legal entity status for dance hall business must meet the following conditions:
1. Dance halls must be at least 80 m2 large each and at least 200 m far from schools, hospitals, religious and belief institutions, historical-cultural relics and state administrative agencies and meet conditions on soundproof and fire and explosion prevention and fighting:
2. Persons directly managing activities in dance halls must have an intermediate or higher degree in culture or arts.
3. Equipment and facilities of dance halls must meet sound and light standards.
4. Compliance with the local dance hall planning.
Article 25. Competence and procedures to grant dance hall business permits
1. Cultural houses and cultural centers with the legal eniity status which meet all the conditions specified in Article 24 of this Regulation and wish to run dance hall business shall send applications for permits to provincial-level Culture, Sports and Tourism Departments in their localities.
2. Dossiers and procedures for application for dance hall business permits:
a/ A permit application dossier comprises:
- An application for a dance hall business permit;
- A legally valid copy of the business registration certificate;
- A copy of the certificate of qualification of the manager of the dance hall.
b/ Within 10 working days after receiving complete and valid dossiers, provincial-level Culture, Sports and Tourism Departments shall examine the dossiers and inspect actual business conditions and grant permits. In case of refusal, they shall reply in writing clearly stating the reason.
Article 26. Scope of dance hall business
Only establishments which meet the conditions specified in Article 24 and have obtained a business permii under Clause 1. Article 25 of this Regulation may run dance hall business.
Article 27. Responsibilities of dance hall owners
When operating their dance halls, owners shall comply with the following provisions:
1. To have internal rules posted up in dance halls for everyone to know and observe, clearly displaying the opening time, required age and costumes of dancers, and prohibitions on people in dance halls:
2. The light in dance halls must be more than 10 lux, equivalent to one 40W incandescent light per 20 m2;
3. The volume of sound leaking out of dance halls must not exceed the noise limit set by the State;
4. To use only songs and musical works permitted for dancing:
5. When detecting drunkards and users of drugs or other banned stimulants, to request them to go out of dance halls;
6. Not to let under-18-year-old persons work or dance in dance halls.
7. To ensure security and order conditions defined in the Government's Decree No. 72/2009/ND-CP of September 3, 2009;
8. To sign labor contracts with employed attendants (if any) and manage them under the law on labor contracts.
9. Not to operate from after 00:00 to 8:00 hrs, except the case defined in Clause 2, Article 37 of this Regulation.
Article 28. Non-commercial dance hall activities
Agencies or organizations that organize dancing for non-commercial purposes within their own agencies or organizations or in cultural houses other than those defined in Clause 1, Article 25 of this Regulation are not required to apply for a permit, but shall comply with Articles 27 and 29 and other relevant provisions of this Regulation.
Article 29. Activities prohibited in dance halls
Striptease and other acts of pornography, prostitution brokerage, prostitution, and drug sale, purchase or use in dance halls are prohibited in dance halls.
Article 30. Conditions on karaoke business
1. Karaoke rooms must be at least 20 nr large each, excluding the area of water closets, and meet conditions on soundproof and fire and explosion prevention and fighting;
2. The door of a karaoke room must be made of transparent glass, allowing a full view of the entire room from outside;
3. Installation of interior door locks or bolts or alarming devices to cope with competent state agencies' inspection is not allowed;
4. Karaoke parlors must be at least 200 m far from schools, hospitals, religious and belief institutions, historical-cultural relics and state administrative agencies;
5. Operation of karaoke parlors in residential quarters must obtain written agreement of adjacent households;
6. Compliance with the approved karaoke business planning.
Article 31. Competence and procedures to grant karaoke business permits
1. Organizations and individuals running karaoke business outside star- or luxury-graded hotels which meet all the conditions specified in Article 30 and Clauses 1 and 2, Article 32 of this Regulation must obtain a business permit from provincial-level Culture, Sports and Tourism Departments or authorized district-level agencies.
2. Dossiers and procedures of application for karaoke business permits:
a/ A permit application dossier comprises:
- An application for a karaoke business permit, clearly stating the venue of the karaoke parlor, the number of rooms and the area of each room;
- A legally valid copy of the business registration certificate;
- Written opinions of adjacent households.
b/ Within 10 working days after receiving complete and valid dossiers, provincial-level Culture. Sports and Tourism Departments or authorized district-level agencies shall grant business permits. In case of refusal, they shall reply in writing clearly stating the reason.
Article 32. Responsibilities of karaoke parlor owners
When operating karaoke parlors, owners shall observe the following provisions:
1. The light in karaoke rooms must be more than 10 lux, equivalent to one 40W incandescent light per 20 m2;
2. The volume of sound leaking out of karaoke rooms must not exceed the noise limit set by the State;
3. To use only permitted songs and karaoke tapes and discs stuck with control labels under regulations;
4. Not to sell alcohol or let customers drink alcohol in karaoke rooms;
5. To ensure security and order conditions under the Government's Decree No. 72/2009/ND-CP of September 3, 2009;
6. Each karaoke room may be serviced by only one attendant aged 18 years or older. Employed attendants must have labor contracts and be managed under the law on labor contracts;
7. Not to operate from after 00:00 to 8:00 hrs, except the case defined in Clause 2. Article 37 of this Regulation;
8. Karaoke parlors located in thinly populated areas are not required to comply with Clause 2 but must comply with Clauses 1, 3, 4, 5, 6 and 7 of this Article.
Article 33. Non-commercial karaoke activities
1. Agencies or organizations that organize karaoke activities within their own agencies or organizations are not required to apply for a permit, but shall comply with Clauses 2 and 3, Articles 32 of this Regulation and ensure security and order.
2. Commercial service providers that organize karaoke activities in their business places for their employees are not required to apply for a permit, but shall organize these activities in places separate from the business area and comply with Clauses 2 and 3, Articles 32 of this Regulation and ensure security and order.
Article 34. Prohibitions on karaoke activities
Acts of pornography, prostitution brokerage, prostitution, and drug sale, purchase or use are prohibited in karaoke rooms.
VIDEO GAMES AND OTHER ENTERTAINMENT ACTIVITIES
Article 35. Video game business conditions and activities
1. Organizations and individuals dealing in video games must meet the following conditions:
a/ Video game shops must be at least 200 m far from primary, lower and higher secondary schools; ensuring order and traffic safety;
b/ Equipment must ensure audio and video quality and their forms suitable to Vietnam's aesthetic tastes.
2. Upon operation, organizations and individuals dealing in video games shall observe the following provisions:
a/ Contents of video games must be healthy and not violate Article 3 of this Regulation:
b/ Not to operate from after 22:00 to 8:00 hrs. 3. Dealing in videogames of gambling nature is prohibited.
Article 36. Provisions on other recreational activities and entertainment services
Organizations and individuals that organize cultural activities and other recreational and entertainment activities other than those specified in Chapters VII and VIII and Article 35 of this Regulation in public places for commercial or non-commercial purposes shall comply with Articles 1 and 3 of this Regulation and may not operate from after 00:00 to 8:00 hrs.
Article 37. Provisions on operation after 00:00 hrs
1. Bars in hotels of three-star or higher or luxury grade may operate after 00:00 hrs but no later than 2:00 hrs.
2. Dance halls and karaoke rooms in hotels of four-star or higher or luxury grade may operate after 00:00 hrs but no later than 2:00 hrs.
Article 38. Transitional provisions
Dance halls and karaoke parlors not owned by hotels that have obtained business permits under the Government's Decree No. 11/2006/ ND-CP of January 18. 2006. may operate until their permits expire. Upon permit expiration, they shall apply for a permit under this Regulation.-
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ON BEHALF OF THE GOVERNMENT |