Decree No. 54/2019/ND-CP provision of karaoke and discotheque services

DECREE

On provision of karaoke and discotheque services^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2014 Investment Law;

Pursuant to the November 26, 2014 Law on Enterprises;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree on provision of karaoke and discotheque services.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Decree prescribes the provision of karaoke and discotheque services.

2. This Decree applies to Vietnamese and foreign enterprises and business households (below referred to as enterprises and business households) that provide karaoke or discotheque service; and other agencies, organizations and individuals involved in provision of karaoke or discotheque service.

Article 2.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Karaoke service means the service which is provided with sound and light effects, musical accompaniments, and lyrics and images displayed on monitors (or in similar forms) to serve singing activities at establishments fully meeting the conditions for provision of karaoke service prescribed in this Decree.

2. Discotheque service means the provision of dance floors, stages, and sound and light effects serving dancing and singing activities or art performances at establishments fully meeting the conditions for provision of discotheque service prescribed in this Decree.

Article 3.Principles of provision of karaoke and discotheque services

1. An enterprise or a business household may only provide karaoke or discotheque service after being granted a license for provision of karaoke or discotheque service and meeting the conditions prescribed in this Decree and other relevant laws.

2. To ensure security and social order; life, health, dignity and property of organizations and individuals engaged in provision of karaoke and discotheque services.

3. To refrain from abusing the provision of karaoke and discotheque services to cause social vices, crimes and other violations of law.

Chapter II

CONDITIONS FOR PROVISION OF, AND RESPONSIBILITIES OF ENTERPRISES AND BUSINESS HOUSEHOLDS PROVIDING, KARAOKE AND DISCOTHEQUE SERVICES

Article 4.Conditions for provision of karaoke service

1. The service provider must be an enterprise or a business household established under law.

2. The service provider must fully meet the conditions on fire and explosion prevention and fighting and security and order prescribed in the Government’s Decree No. 96/2016/ND-CP of July 1, 2016, providing security and order conditions applicable to a number of sectors and trades subject to conditional business investment.

3. A karaoke parlor must have an area of at least 20 m², exclusive of restroom(s).

4. The service provider may not install door bolts or alarm devices (except fire and explosion alarm devices) in karaoke parlors.

Article 5.Conditions for provision of discotheque service

1. The service provider must be an enterprise or a business household established under law.

2. The service provider must fully meet the conditions on fire and explosion prevention and fighting and security and order prescribed in the Government’s Decree No. 96/2016/ND-CP of July 1, 2016, providing security and order conditions for a number of sectors and trades subject to conditional investment and business.

3. A dance floor must have an area of at least 80 m², exclusive of restroom(s).

4. The service provider may not install door bolts or alarm devices (except fire and explosion alarm devices) in dance floors.

5. The service establishment must be at least 200 m away from schools, hospitals, religious or belief establishments and historical-cultural relics.

Article 6.General responsibilities of enterprises and business households providing karaoke or discotheque service

1. To use only songs which are permitted for dissemination and circulation.

2. To abide by the labor law for their employees in accordance with law. To provide clothes and nameplates to their employees.

3. To meet soundproofing requirements and ensure that sound leakage from karaoke parlors or dance floors conforms with the national technical regulation on noise.

4. To comply with the Government’s Decree No. 105/2017/ND-CP of September 14, 2017, on liquor trading.

5. To comply with the law on prevention and control of tobacco harms.

6. To comply with the laws on environmental protection; food safety and hygiene; copyrights; labor contracts; occupational safety; insurance; and social evil prevention and fighting, and other relevant laws.

Article 7.Responsibilities of enterprises and business households providing karaoke service

In addition to the responsibilities prescribed in Article 6 of this Decree, enterprises and business households:

1. Shall ensure that the images displayed on monitors (or in similar forms) conform with song lyrics and the culture, ethics and fine traditions and customs of the Vietnamese nation.

2. May not open their service establishments between 0:00 am and 8:00 am.

Article 8.Responsibilities of enterprises and business households providing discotheque service

In addition to the responsibilities prescribed in Article 6 of this Decree, enterprises and business households:

1. May not open their service establishments between 2:00 am and 8:00 am.

2. May not let under-18 persons use the discotheque service.

3. Shall comply with the law on art performances, in case of organizing art performances.

Chapter III

GRANT, MODIFICATION AND REVOCATION OF LICENSES FOR PROVISION OF KARAOKE OR DISCOTHEQUE SERVICE

Article 9.Competence to grant, modify and revoke licenses for provision of karaoke or discotheque service

1. State management agencies in charge of cultural affairs under provincial-level People’s Committees (below referred to as license-granting agencies) are competent to grant, modify and revoke licenses for provision of karaoke or discotheque service (below referred to as licenses).

2. License-granting agencies shall decentralize or authorize district-level state management agencies in charge of cultural affairs to grant, modify and revoke licenses in accordance with the law on organization of local administration.

Article 10.Dossier of application for a license

1. An application for a license (made according to Form No. 01 provided in the Appendix to this Decree).

2. A certified copy or a copy enclosed with the original for comparison of the certificate of satisfaction of security and order conditions.

Article 11.Order of granting a license

1. An enterprise or a business household shall submit directly or online or send by post to the concerned license-granting agency 1 dossier set prescribed in Article 10 of this Decree.

2. In case the dossier does not conform with regulations, within 1 working day after receiving it, the license-granting agency shall issue a written notice requesting dossier supplementation.

3. In case the dossier is complete as required, within 5 working days after receiving it, the license-granting agency shall appraise the dossier and conduct physical inspection of the conditions prescribed in this Decree, and then grant a license (made according to Form No. 02 provided in the Appendix to this Decree). In case of refusal to grant a license, this agency shall issue a written reply clearly stating the reason.

4. For each license it has granted, the license-granting agency shall keep 2 duplicates; send 1 duplicate to the concerned enterprise or business household and 1 duplicate to the district-level public security agency of the locality where business activities are conducted, and 1 duplicate to the agency having granted the enterprise or business household registration certificate; and publish the license on its website.

Article 12.Order of modifying a license

1. In case of changing the place of doing business, the license holder shall carry out procedures for applying for a new license in accordance with Article 11 of this Decree.

2. In case of changing the number of karaoke parlors or dance floors or the owner of the enterprise or business household, the license holder shall carry out procedures for modification of the license under Clauses 3, 4 and 5 of this Article and comply with relevant provisions of the Law on Enterprises.

3. The enterprise or business household shall submit directly or online or send by post to the concerned license-granting agency a request for modification of the license (made according to Form No. 03 provided in the Appendix to this Decree).

4. In case the dossier does not conform with regulations, within 1 working day after receiving it, the license-granting agency shall issue a written notice requesting dossier supplementation.

5. In case the dossier is complete as required, within 4 working days after receiving it, the license-granting agency shall appraise the dossier, conduct physical inspection of the changes and grant a modified license (made according to Form No. 04 provided in the Appendix to this Decree). In case of refusal to grant a modified license, this agency shall issue a written reply clearly stating the reason.

6. The sending and archive of modified licenses must comply with Clause 4, Article 11 of this Decree.

Article 13. Issuance of copies of licenses from registers

1. In case its license is lost, damaged or torn, an enterprise or a business household shall request the concerned license-granting agency to issue a copy of the license from the register.

2. The issuance of copies from registers must comply with the Government’s Decree No. 23/2015/ND-CP of February 16, 2015, on issuance of copies from registers, certification of copies from originals, certification of signatures, and certification of contracts and transactions.

Article 14.Self-termination of business activities

When terminating the provision of karaoke or discotheque service, an enterprise or a business household shall send a notice of termination of business activities (made according to Form No. 05 provided in the Appendix to this Decree) and its license to the concerned license-granting agency. In case the enterprise or business household fails to make notification, after 12 consecutive months of non-operation, the license-granting agency shall revoke the license under Point c, Clause 1, Article 16 of this Decree.

Article 15.Request for suspension of business activities for remediation of violations

1. The concerned license-granting agency shall make a written request for suspension of business activities when an enterprise or a business household falls into one of the following cases:

a/ Violating the regulations on business conditions prescribed in Articles 4 and 5 of this Decree but has not yet caused harms to human life or health or property;

b/ Having violated for the second time the regulations on responsibilities in business activities prescribed in Articles 6, 7 and 8 of this Decree.

2. A request for suspension of business activities must clearly state the violation and time and duration of suspension. The duration of suspension shall be determined based on the degree of violation and time limit for remediation of the violation as decided by the license-granting agency, and must not exceed 3 months.

3. The enterprise or business household must suspend business activities as requested and remediate violations.

Article 16.Revocation of licenses

1. The concerned license-granting agency shall issue a decision on revocation of a license in case an enterprise or a business household falls into one of the following cases:

a/ Falsifying the dossier of application for the license;

b/ Violating regulations on business conditions, causing harms to human life or health or property;

c/ Having been granted a license but failing to conduct business activities for 12 consecutive months;

d/ Failing to suspend business activities at the request of the license-granting agency;

dd/ Failing to remediate violations or remediating violations in an incomplete manner at the request of the license-granting agency though the suspension duration has expired;

e/ Repeating the violation stated in the request for suspension of business activities  within 2 years after the expiration of the suspension duration.

2. Within 5 working days after receiving the decision on revocation of the license, the concerned enterprise or business household shall return the granted license to the agency issuing the license revocation decision.

3. The agency issuing the license revocation decision shall publish information on the revocation on its website.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 17.Inspection, examination, and handling of violations

1. Inspection agencies, and agencies performing the state management of karaoke and discotheque services shall conduct periodical or unscheduled inspection and examination (without having to make notification in advance) according to their competence or form interdisciplinary inspection and examination teams at various levels.

2. Based on conclusions of competent agencies on violations committed by organizations and individuals in the course of providing karaoke and discotheque services, competent agencies shall impose administrative sanctions on, or examine penal liability of, related entities in accordance with current laws.

Article 18.Responsibilities of ministries

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

a/ To be held responsible for the state management of provision of karaoke and discotheque services;

b/ To direct, guide, disseminate, and organize the implementation of, legal documents on provision of karaoke and discotheque services;

c/ To announce and publicize administrative procedures related to provision of karaoke and discotheque services in accordance with law;

d/ To assume the prime responsibility for, and coordinate with related competent agencies in, examining, inspecting, settling complaints and denunciations and handling violations in provision of karaoke and discotheque services;

dd/ The Minister of Culture, Sports and Tourism shall guide the organization and operation of interdisciplinary inspection and examination teams at various levels for provision of karaoke and discotheque services;

e/ To make statistics and reporting in accordance with law.

2. Responsibilities of the Ministry of Public Security:

a/ To be held responsible for the state management of, provision of direction and guidance on, dissemination and organization of implementation of legal documents on, and inspection, examination, settlement of complaints and denunciations and handling of violations related to, security and order, crime prevention and combat, and fire and explosion prevention and fighting at karaoke and discotheque service establishments;

b/ To make statistics and reporting in accordance with law.

3. The Ministry of Finance shall provide guidance on the charge for appraisal for grant or modification of licenses for provision of karaoke or discotheque service in accordance with the law on charges and fees.

4. The Ministry of Natural Resources and Environment shall guide the compliance with the national technical regulation on noise at karaoke or discotheque service establishments.

5. The Ministry of Industry and Trade shall manage sales promotion, marketing and trading of liquors, beers and other goods and services under its management at karaoke or discotheque service establishments.

6. The Ministry of Labor, Invalids and Social Affairs shall perform the state management of labor and social evil prevention and control at karaoke and discotheque service establishments.

7. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of provision of karaoke and discotheque services.

Article 19.Responsibilities of provincial-level People’s Committees

1. To perform the state management of provision of karaoke and discotheque services in their localities.

2. To direct license-granting agencies, provincial-level Departments of Public Security, Departments of Industry and Trade, Departments of Finance, other agencies, departments and sectors, and People’s Committees at various levels to perform the state management of provision of karaoke and discotheque services in their localities.

3. To announce and publicize administrative procedures related to provision of karaoke and discotheque services according to their competence.

4. To direct, guide, disseminate, and organize the implementation of, legal documents on provision of karaoke and discotheque services.

5. To conduct examination and inspection, settle complaints and denunciations about, and handle violations in provision of karaoke and discotheque services according to regulations.

6. To make statistics and reporting in accordance with law.

Article 20.Transitional provisions

1. In case an enterprise or a business household has submitted a dossier of application for a license before the effective date of this Decree but not yet been granted a license, the order and procedures prescribed in this Decree shall apply.

2. Enterprises and business households that have been granted licenses before the effective date of this Decree may still conduct business activities within 3 months after the effective date of this Decree.

3. Past 3 months from the effective date of this Decree, enterprises and business households that have been granted licenses before the effective date of this Decree and meet the business conditions prescribed in this Decree may continue operating under these licenses. If there are any changes in business activities, enterprises and business households shall carry out procedures for modification of licenses under this Decree.

4. Past 3 months from the effective date of this Decree, enterprises and business households that have been granted licenses before the effective date of this Decree but do not meet the business conditions prescribed in this Decree must terminate their business activities.

Article 21.Effect and implementation responsibility

1. This Decree takes effect on September 1, 2019.

2. To annul the provisions of:

a/ Articles 24, 25, 26, 27, 29, 30, 31, 32, and 34; Clause 2, Article 37; and Article 38, of the Regulation on cultural activities and provision of public cultural services issued together with the Government’s Decree No. 103/2009/ND-CP of November 6, 2009;

b/ Points e, g, h and i, Clause 6, Article 2 of the Government’s Decree No. 01/2012/ND-CP of January 4, 2012, revising, replacing or annulling or cancelling regulations related to administrative procedures under the management of the Ministry of Culture, Sports and Tourism;

c/ Clauses 1, 2, 3, 4, and 5, Article 7 of the Government’s Decree No. 142/2018/ND-CP of October 9, 2018, amending a number of provisions on business investment conditions under the state management of the Ministry of Culture, Sports and Tourism;

d/ Article 1 of the Government’s Decree No. 11/2009/ND-CP of January 30, 2019, amending and supplementing a number of articles of the Decrees with provisions on administrative procedures under the management of the Ministry of Culture, Sports and Tourism, which require submission of notarized or certified copies of papers.

3. In case the legal documents and regulations referred to in this Decree are amended, supplemented or replaced, the new legal documents shall apply.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, provincial-level People’s Committee chairpersons, and related agencies, organizations, units and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.