Chương IV Nghị định 54/2019/NĐ-CP: Tổ chức thực hiện

Chapter IV

IMPLEMENTATION

Article 17. Inspection and actions against violations

1. Inspecting agencies, state administrative agencies responsible for the karaoke venues, nightclubs are obliged to conduct occasional or irregular (without warning) inspections, examinations within their competence or as Inspectorates, Interagency examiners.

2. Based on the competent agencies’ conclusion on the violations of individuals, organizations during the operation of karaoke venues, nightclubs, competent agencies shall impose administrative sanctions or criminal prosecutions on related entities in compliance with current regulations and law.

Article 18. Ministries’ responsibilities

1. Responsibilities of the Ministry of Culture, Sports and Tourism:

a) State management of the karaoke venues, nightclubs;

b) Direction, provision of guidelines, publicizing and implementation of legislative documents on the operation of karaoke venues, nightclubs;

c) Publicizing the administrative procedure of operating the karaoke venues, nightclubs in compliance with regulations and law;

d) Taking charge and cooperating with the related competent agencies to examine, inspect, handle complaints, denounce and take actions against violations in the operation of karaoke venues, nightclubs;

D) The Minister of Culture, Sports and Tourism provides guidelines on the organization and implementation of the Inspectorate, Inter-agency examiners for the karaoke venues, nightclubs;

e) Filing, reporting in compliance with regulations and law.

2. Responsibilities of the Ministry of Public Security:

a) State management, direction, provision of guidelines, publicizing, implementation of the legislative documents and examination, inspection, handling complaints, report, taking actions against violations in security, order; crime prevention and fighting; fire prevention and fighting at the business location;

b) Filing, reporting in compliance with regulations and law.

3. The Ministry of Finance is responsible for providing guidelines on the assessment fees for issuing, amending the Operating license for karaoke venues, nightclubs in compliance with regulations and law on fees and charges.

4. The Ministry of Natural Resources and Environment is responsible for ensuring National Technical Regulation on noise at the business location.

5. The Ministry of Industry and Trade is responsible for the managing discount, marketing, sale of alcohol, beer and other goods, services under the managing functions, tasks of the Ministry of Industry and Trade at the business location.

6. The Ministry of Labor - War Invalids and Social Affairs is responsible for the State management of labor, social evils prevention at the business location.

7. Ministries, ministerial agencies, government agencies within their tasks, powers are responsible for cooperating with the Ministry of Culture, Sports and Tourism to ensure the implementation of state management of the karaoke venues, nightclubs.

Article 19. Responsibilities of the provincial People’s Committee

1. Implementing State management of the operation of karaoke venues, nightclubs on respective administrative division.

2. Directing licensing authority, Public Security Division of the provinces, Department of Industry and Trade, Department of Finance other agencies and the local People’s Committee to implement State management of the operation of karaoke venues, nightclubs on respective administrative division.

3. Publicizing the administrative procedure of karaoke venues, nightclubs within their competence;

4. Direction, provision of guidelines, publicizing and implementation of legislative documents on karaoke venues, nightclubs.

5. Examining, inspecting, handling complaints, reports and taking actions against violations in the karaoke venues, nightclubs as regulated.

6. Filing, report in compliance with regulations and law.

Article 20. Transition clauses

1. If the Operating license application has been already applied before this Decree comes into force but the license is yet to be issued, the procedure specified in this Decree will be applied.

2. Within 03 months from the day in which this Decree comes into force, the owners issued with the Operating license before this Decree comes into force are still allowed to operate.

3. Within 03 months from the day in which this Decree comes into force, the owners who were issued with the Operating license before this Decree comes into force while ensuring business conditions specified in this Decree are still allowed to operate according to the issued Operating license. If there is a change in the business operation, the procedure for amending the Operating license as specified in this Decree must be followed.

4. Within 03 months from the day in which this Decree comes into force, the owners who were issued with the Operating license before this Decree comes into force but not ensuring business conditions specified in this Decree must cease all operations.

Article 21. Entry into force and responsibility for implementation

1. This Decree comes into force from September 01, 2019.

2. Annulling the following regulations:

a) Articles 24, 25, 26, 27, 29, 30, 31, 32 and 34, Clause 2 Article 37, Article 38 of the Regulation on cultural activities and commercial provision of public cultural services issued together with Decree No. 103/2009/ND-CP dated November 06, 2009 of the Government;

b) Points e, g, h and i Clause 6 Article 2 of Decree No. 01/2012/ND-CP dated January 04, 2012 of the Government amending, supplementing, replacing or annulling, canceling the provisions relating to the administrative procedures under scope of management functions of the Ministry of Culture, Sports and Tourism;

c) Clauses 1, 2, 3, 4 and 5 Article 7 of Decree No. 142/2018/ND-CP dated October 09, 2018 of the Government amending a number of regulations on requirements for investments and trading under the State management of the Ministry of Culture, Sports and Tourism:

d) Article 1 Decree No. 11/2019/ND-CP dated January 30, 2019 of the Government on amendments, supplements to a number of Articles of Decrees on administrative procedures relating to the request for handing in certified true copies under scope of management functions of the Ministry of Culture, Sports and Tourism.

3. If the legislative documents and provisions specified in this Decree are amended, supplemented or replaced, the new legislative documents will be applied.

4. Related ministers, heads of ministerial agencies, heads of Governmental agencies, Chairman of the Provincial People’s Committee, authorities, organizations, units and individuals are responsible for the implementation of this Decree./.