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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 54/2019/ND-CP
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Hanoi,19th of June, 2019
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DECREE
GUIDELINES ON OPERATION OF KARAOKE VENUES AND NIGHTCLUBS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to Law on Investment dated November 26, 2014;
Pursuant to Law on Enterprises dated November 26, 2014;
At the request of the Minister of Ministry of Culture, Sports and Tourism;
The Government promulgates Decree on operation of karaoke venues and nightclubs.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and regulated entities
1. This Decree regulates the operation of karaoke venues and nightclubs.
2. This Decree applies with Vietnamese and/or foreign businesses, enterprises (hereinafter referred to as “owners”) operating karaoke venues and/or nightclubs; other agencies, organizations, individuals who are involved in the karaoke, nightclub operations.
Article 2. Term interpretation
In this Decree, the terms below are construed as follows:
1.”Karaoke venue” or “karaoke establishment” means a location that provides services that involve sound, lighting, music, lyrics and pictures displayed on the screens (or by similar means) to serve singing activities at a location eligible for karaoke operation as specified in this Decree.
2.”Nightclubs” or “discotheque” means a location that has dance floor, stage, sound and lighting to serve dancing, singing activities and/or art performances at facilities eligible for nightclub operation as specified in this Decree.
Article 3. Rules for karaoke venue, nightclub operations
1. An enterprise or household business may only operate a karaoke establishment or nightclub after having been granted with the license for karaoke venue or nightclub operation and ensuring the conditions specified in this Decree and in other related regulations and law.
2. Ensure public security, order; life, health, pride and belongings of the participants of karaoke venues, nightclubs.
3. Do not abuse the business operation to allow the appearance of social evils, criminals and other misconducts.
Chapter II
OWNER’S BUSINESS CONDITIONS AND RESPONSIBILITIES FOR OPERATING KARAOKE, NIGHTCLUB SERVICES
Article 4. Karaoke business conditions
A karaoke venue shall
1. Be an enterprise or household business that is established as specified by regulations and law.
2. Ensure fire safety, public security and order as specified in Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government on security, order conditions of conditional business lines.
3. Have singing rooms with usable areas of 20 square meters or larger, excluding the auxiliary works.
4. Ensure no door locks or alarming devices (except fire alarm) are installed inside the singing rooms.
Article 5. Nightclubs business conditions
A nightclub shall
1. Be an enterprise or household business that is established as specified by regulations and law.
2. Ensure fire safety, public security and order as specified in Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government on security, order conditions of conditional business lines.
3. Have a usable area of 80 square meters or larger, excluding the auxiliary works.
4. Ensure no door locks or alarming devices (except fire alarm) are installed inside the singing rooms.
5. Be located at least 200 meters away from schools, hospitals, religious establishments, cultural – historical heritage.
Article 6. Responsibilities of owners of karaoke venues and nightclubs
1. Use only songs that have been licensed and permitted.
2. Comply with labor code for workers specified in regulations and law. Provide the workers with uniforms and name tags.
3. Ensure noise isolation of the singing rooms or dance floors are in conformity with National Technical Regulation on noise.
4. Complying with regulations and law specified in Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on trade in alcohol.
5. Complying with regulations and law on tobacco harm prevention.
6. Complying with regulations and law on environmental protection; food safety; copyright; employment contract; occupational safety; insurance; social evils prevention and other related regulations and law.
Article 7. Responsibilities of karaoke venue owners
Apart from the responsibilities specified in Article 6 of this Decree, every karaoke venue owner shall:
1. Ensure the pictures are appropriate for the lyrics displayed on the screens (or by similar means) and for Vietnamese culture, moral and fine traditions and customs.
2. Not operate from 12 am to 08 a.m.
Article 8. Responsibilities of nightclub owners
Apart from the responsibilities specified in Article 6 of this Decree, nightclub owners shall:
1. Not operate from 02 am to 08 a.m.
2. Not serve people under 18 years old.
3. Comply with regulations and law on art performance when organizing art performances.
Chapter III
ISSUANCE, REVISION, REVOCATION OF THE LICENSE FOR KARAOKE VENUES OR NIGHTCLUBS OPERATION
Article 9. The authority to issue, revise and revoke the license for karaoke venue or license for nightclub operation (hereinafter referred to as “operating license”)
1. Culture authorities of provincial People’s Committee (hereinafter referred to as “licensing authority”) has the authority to issue, revise and revoke the Operating license.
2. The licensing authority (mentioned in Clause 1) may authorize the culture authorities of the districts to issue, revise and revoke the Operating license for karaoke venues in compliance with regulations and law on local governmental organization.
Article 10. Operating license application
1. Application Form 01 in the Appendix issued together with this Decree.
2. A certified true copy or the copy presented with the original certificate of public security and order for comparison.
Article 11. Operating license issuance procedure
1. The applicant shall send via postal office or online 01 application specified in Article 10 of this Decree to the licensing authority.
2. If the application does not meet the regulations, the licensing authority will issue a request for the completion within 01 working day from the day in which it is received.
3. If the application meets the regulations, within 05 working days from the day in which it is received, the licensing authority will process and conduct an on-site inspection for conditions specified in this Decree and issue an Operating license (Form 02 in the Appendix issued together with this Decree). If the application is rejected, provide a response and explanation.
4. An authorized licensing authority shall send and archive this license as follows: 02 copies shall be archived at the licensing authority; 01 copy shall be sent to the applicant; 01 copy shall be sent to the police authority of the district where the business is conducted; 01 copy shall be sent to the business registration office and uploaded on the licensing authority’s online portal.
Article 12. Operating license revision procedure
1. If there is a change in business location, the procedure for issuing a new Operating license as specified in Article 11 of this Decree must be followed.
2. If there is a change in room quantity or owner, revisions to Operating license must be made as specified in Clause 3, 4 and 5 of this Article and other related regulations and law of the Law on Enterprises must be complied with.
3. The owner shall send the Application Form 03 in the Appendix issued together with this Decree via postal office or online to the licensing authority.
4. If the application does not meet the regulations, the licensing authority will issue a request for the completion of the application within 01 working day from the day receiving it.
5. If the application meets the regulations, within 04 working days from the day in which it is received, the licensing authority will process and conduct an on-site inspection for the changed contents and issue revised Operating license (Form 04 in the Appendix issued together with this Decree). If the application is rejected, provide a response and explanation.
6. The sending and archive of the revised Operating license shall follow guidelines specified in Clause 4 Article 11 of this Decree.
Article 13. Issuance of the copy of the Operating license from the original copies
1. If the Operating license is lost, or damaged, the owners can request a copy of the Operating license from the original copies.
2. The issuance of copies from the original copy shall follow guidelines specified in Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government on issuing copies from original copies, certification of true copies from originals, authentication of signatures and contracts.
Article 14. Voluntary business closures
The owners voluntarily closing karaoke venues, nightclubs are responsible for sending a notice of shutdown of business households (Form 05 in the Appendix issued together with this Decree) and the issued Operating license to the licensing authority. If the owners close without notice, after 12 continuous months without business, the licensing authority shall revoke the Operating license as specified in Point c Clause 1 Article 16 of this Decree.
Article 15. Request business suspension for corrective measures
1. The licensing authority shall issue a written request for business suspension if the owner:
a) fails to fulfill any of the business conditions specified in Article 4 and Article 5 of this Decree but causing no life, health or belongings loss yet.
b) repeats any of the violations relevant to the operation responsibilities specified in Article 6, 7 and 8 of this Decree for the second time.
2. The business suspension request must state specifically the violations, time and duration of the suspension. The duration of the suspension depends on the seriousness of the violation and the time limit for taking corrective measures which is determined by the licensing authority. The suspension duration must not last longer than 03 months.
3. The owner must suspend the operation on request and take corrective measures.
Article 16. Revoking the Operating license
1. The licensing authority shall decide to revoke the Operating license if the owner:
a) uses fabricated documents to apply for the Operating license;
b) fails to fulfill any of the business conditions in a manner that causes damage to life, health and/or belongings;
c) fails to run the business for 12 continuous months while holding the license;
d) fails to suspend business at the request of licensing authority;
D) fails to rectify or fully rectify the violations by the end of the time limit imposed by the licensing authority.
e) repeats any of the violations specified in the business suspension request within 02 years since the end of the suspension.
2. Within 05 working days from the day of receiving the Decision to revoke the Operating license, the owner must hand the issued Operating license to the revoking authority.
3. The revoking authority must upload the information on the revoking of the Operating license on its website.
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./.
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PP. The Government
The Prime Minister
Nguyen Xuan Phuc
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APPENDIX
(Issued together with Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government)
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Form 01
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The Operating license application
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Form 02
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The Operating license
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Form 03
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The Operating license revision application
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Form 04
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The revised Operating license
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Form 05
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Notice of shutdown of business households
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Form 01
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...(1)…
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: ........./................
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(Location and date)
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THE OPERATING LICENSE APPLICATION
To:........................... (2) ...........
Name of the owner:……………………………………………………………….
Legal representative: ………………………………………………………………………..
Headquarter address: .........................................................................................................
Phone: ……………..…………………… Fax: ………………………………………………..
Enterprise/Business household registration certificate No. ……………………..issued by…………………….. on …………../…………/…………
Number: ………………………………………………………………………………….
Request..... (2) … to consider the issuance of The Operating license. To be specific:
The karaoke venue or nightclub is located at:……………………………….
Name, signboard of premises (if any): …………………………………………………….
Phone: ……………..…………………… Fax:………………………..
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No.
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Room position and size
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Area (m2)
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Attached documents: ……………………………………………………………………………………………… ……………………………………………(3)…………………………………...
... (1) … guarantee the precision of the information stated above and the compliance with provisions specified in Decree No. .../20.../ND-CP dated ………………….., .......... of the Government on operating karaoke venues, nightclubs and other related regulations and law. Should there be any violations, I will take full legal responsibilities./.
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Legal representative
(Sign, write full name, stamp (if any))
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(1) Name of the owners operating karaoke venues, nightclubs.
(2) Licensing authority.
(3) Specify all attached documents.
Form 02
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...(1)…
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: ........./................
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(Location and date)
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THE OPERATING LICENSE
CHAIRMAN OF THE LICENSING AUTHORITY
OR THE CULTURE AUTHORITY
Pursuant to………………………………. (2)…………………………………………………...;
Pursuant to Decree No..../20.../ND-CP dated ………../………./………….. of the Government on operating karaoke venues, nightclubs:
Considering the Operating license application form No. …….. on …………../……...…/…………… of ……………..(3)..............................;
At the request of ………………………………(4).....................................................
Hereby decides
Article 1. Issue the Operating license
Permit: ………………………………………………(3)……………………………………………
Headquarter address:………………………………………………………………………
Phone: ……………..…………………… Fax:………………………..
Enterprise/Business household registration certificate No. ……………………..issued by…………………….. on …………../…………/…………
Number: …………………………………………………………………………………………
To initiate the operation of karaoke venues or nightclubs located at: …………………………………………….……………………………….
Name, signboard of premises (if any): …………………………………………………….
Phone: ……………..…………………… Fax:………………………..
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No.
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Room position and size
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Area (m2)
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Article 2. Certificate’s effect
This Certificate comes into force from ……………/……………/…………..
Article 3. Responsibilities to fulfill
…(3)… must comply with provisions specified in Decree No. .../20.../ND-CP dated ………………….., .......... of the Government on operating karaoke venues, nightclubs and other related regulations and law./.
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(Title, signature, full name, stamp)
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(1) Licensing authority.
(2) Name of the documents specifying functions, tasks, powers of the licensing authority
(3) Name of the owners operating karaoke venues, nightclubs.
(4) Name of the requesting agency.
(5) Other related agencies, units that need to receive a copy of the certificate.
Form 03
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...(1)…
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: ........./................
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(Location and date)
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OPERATING LICENSE REVISION APPLICATION
To: ......................................(2).......................................
Name of the owner: ………………………………………………………………
Legal representative:
Headquarter address:………………………………………………………………………
Phone: ……………………… Fax ………………….........
Enterprise/Business household registration certificate No. ……………………..issued by…………………….. on …………../…………/…………
Number: …………………………………………………………………………………………
Issued with the Operating license No. ……………… by ……………………. on ................/................/…............;
The revised Operating license (... times of revision) No. ……………… by ……………………. on ................/................/…............; (if any);
... (1)...request…. (2) … to consider the issuance of The revised Operating license. To be specific:
Old information (if any)……………………………………………………………………………………..
Revised information ........................................(3)……………………………………..
... (1)… guarantee the precision of the information stated above and the compliance with provisions specified in Decree No. .../20.../ND-CP dated ………………….., .......... of the Government on operating karaoke venues, nightclubs and other related regulations and law. Should there be any violations, I will take full legal responsibilities./.
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Legal representative
(Sign, write full name, stamp (if any))
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(1) Name of the owners operating karaoke venues, nightclubs.
(2) Operation license revising authority.
(3) Specify the revised information.
Form 04
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...(1)…
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: ........./................
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(Location and date)
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REVISED OPERATING LICENSE
(..... times of revision)
CHAIRMAN OF THE LICENSING AUTHORITY
OR THE culture authority
Pursuant to………………………………. (2)……………………………………………………………..;
Pursuant to Decree No. .../20.../ND-CP dated ………../………./………….. of the Government on operating karaoke venues, nightclubs:
Based on the Operating license No. ……………… issued by ……………………. on ................/................/…............;
Revised Operating license (…..times of revision) Entry No. ...........,,......issued by......................................, date…...month......year…… (if any);
Considering the Operating license revision application No. …….. on …………../……...…/…………… of ……………..(3)..............................; ;
At the request of ………………………………(4).....................................................
HEREBY DECIDES
Article 1. Revise the Operating license No. .....................issued by......................... on.............../.............../.................. as follows:
Article 2. License’s effect
1. This license comes into force from ……………/……………/…………..
2. This revised license is inseparable from the Operating license No. ………………issued by ……………………. on ................/................/…............;
Article 3. Responsibilities to fulfill
.. . (3)… must comply with provisions specified in Decree No. .../20.../ND-CP dated ………………….., .......... of the Government on operating karaoke venues, nightclubs and other related regulations and law./.
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(Title, signature, full name, stamp)
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(1) Operation license revising authority.
(2) Name of the documents specifying functions, tasks, powers of the licensing authority
(3) Name of the owners operating karaoke venues, nightclubs.
(4) Name of the requesting agency.
(5) Specify the revised contents.
(6) Other related agencies, units that need to receive a copy of the certificate.
Form 05
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...(1)…
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: ........./................
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(Location and date)
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NOTICE
OF SHUTDOWN OF BUSINESS HOUSEHOLDS
To:........................... (2)……………………
Name of the owners: ………………………………………………………………
Legal representative:
Headquarter address:………………………………………………………………………
Phone:……………………………………………………. Fax: …………………….
Enterprise/Business household registration certificate No. ……………………..issued by…………………….. on …………../…………/…………
Number: ………………………………………………………………………………….
Issued with the Operating license No. ……………… by ……………………. on ................/................/…............;
Revised Operating license (…..times of revision) No. .........................issued by............................... on .........................../......................./.................. (if any);
... (1)… would like to issue a notice about the shutdown of the operation of karaoke venues, nightclubs at the location specified in the issued Certificate from …………../…………../………….
Attached with this notice are the issued license, revised license.
... (1)… guarantee the precision of the information stated above and the compliance with provisions specified in Decree No. .../20.../ND-CP dated ………………….., .......... of the Government on operating karaoke venues, nightclubs and other related regulations and law. Should there be any violations, I will take full legal responsibilities./.
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Legal representative
(Sign, write full name, stamp (if any))
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(1) Name of the owners operating karaoke venues, nightclubs.
(2) Licensing authority.
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