Decree 48/2024/ND-CP amend Decree 54/2019/ND-CP provision of karaoke and discotheque services

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 54/2019/ND-CP of June 19, 2019, on provision of karaoke and discotheque services

Pursuant to the June 19, 2015 Law on Organization of the Government and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 54/2019/ND-CP of June 19, 2019, on provision of karaoke and discotheque services.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 54/2019/ND-CP of June 19, 2019, on provision of karaoke and discotheque services

1. To amend and supplement Clause 2, Article 4 as follows:

“2. The service provider must fully meet the conditions on fire and explosion prevention and fighting and security and order specified 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, the Government’s Decree No. 56/2023/ND-CP of July 24, 2023, amending and supplementing a number of articles of the Government’s Decree No. 96/2016/ND-CP of July 1, 2016, on security and order conditions for a number of conditional business lines, the Government’s Decree No. 99/2016/ND-CP of July 1, 2016, on management and use of seals, and the Government’s Decree No. 137/2020/ND-CP of November 27, 2020, on management and use of pyrotechnics.”.

2. To amend and supplement Clause 2, Article 5 as follows:

“2. The service provider must fully meet the conditions on fire and explosion prevention and fighting and security and order specified in the Government’s Decree No. 96/2016/ND-CP and Decree No. 56/2023/ND-CP.”.

3. To amend and supplement a number of clauses of Article 6 as follows:

a/ To add Clause 3a to below Clause 3 as follows:

“3a. To comply with the provisions of QCVN 06:2022/BXD, the national technical regulation on fire safety of buildings and constructions promulgated together with the Minister of Construction’s Circular No. 06/2022/TT-BXD of November 30, 2022; Amendment 1:2023 QCVN 06:2022/BXD, the national technical regulation on fire safety of buildings and constructions promulgated together with the Minister of Construction’s Circular No. 09/2023/TT-BXD of October 16, 2023; and standards, technical regulations and regulations related to fire safety, load-bearing safety for buildings and constructions, and fire prevention and fighting at karaoke and discotheque service establishments.”.

b/ To add Clause 7 to below Clause 6 as follows:

“7. In case of organizing performing arts activities, to comply with the Government’s Decree No. 144/2020/ND-CP of December 14, 2020, providing performing art activities.”.

4. To amend and supplement Article 9 as follows:

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

1. Provincial-level People’s Committees are competent to grant, modify and revoke licenses for provision of karaoke or discotheque service (below referred to as licenses).

2. Provincial-level Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall receive and manage dossiers and licenses granted under the competence of provincial-level People’s Committees.

3. The decentralization and authorization for performing the procedures for grant, modification and revocation of licenses must comply with the law on organization of local administration.”.

5. To amend and supplement Article 11 as follows:

“Article 11. Order of granting a license

1. An enterprise or a business household shall hand-deliver or send by post or submit online to the concerned dossier-receiving agency 1 dossier set specified in Article 10 of this Decree.

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

3. In case the dossier is complete as required, within 3 working days after receiving it, the license-granting agency shall appraise the dossier and establish a delegation for physical appraisal of the business conditions specified in this Decree at the business location (below referred to as the appraisal delegation) to consult the license-granting agency on the grant or refusal to grant a license. An appraisal delegation consists of no more than 7 members, including representatives of a police office, and cultural, construction and other related agencies.  

Within 4 working days after its establishment, the appraisal delegation shall organize the appraisal and issue an appraisal result, made according to Form No. 06 provided in the Appendix to this Decree.

Within 3 working days after obtaining the appraisal result, the license-granting agency shall grant the license, made according to Form No. 02 provided in the Appendix to this Decree, or refuse to grant the license. In case of refusal to grant such a license, it shall issue a written reply, clearly stating the reason.

4. The license-granting agency shall send 1 copy of the license to the concerned enterprise or business household, 1 copy to the agency having granted the enterprise or business household registration certificate, and 1 copy to the district-level public security agency of the locality where business activities are conducted; keep 1 copy; and publish the license on its website.”.

6. To amend and supplement a number of clauses of Article 12 as follows:

a/ To amend and supplement Clause 3 as follows:

3. An enterprise or a business household shall hand-deliver or send by post or submit online 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.”.

b/ To amend and supplement Clause 4 as follows:

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

c/ To amend and supplement Clause 5 as follows:

“5. In case the dossier is complete as required, within 3 working days after receiving it, the license-granting agency shall appraise the dossier and establish a delegation for appraisal of the contents of changes under Clause 3, Article 11 of this Decree. In case of changing the owner, it is not required to establish an appraisal delegation.

Within 2 working days after its establishment, the appraisal delegation shall organize the appraisal and issue an appraisal result, made according to Form No. 06 provided in the Appendix to this Decree.

Within 2 working days after obtaining the appraisal result, the license-granting agency shall grant a modified license, made according to Form No. 04 provided in the Appendix to this Decree or refuse to grant the modified license. In case of refusal to grant such a modified license, it shall issue a written reply, clearly stating the reason.”.

7. To amend and supplement Point a, Clause 1, Article 15 as follows:

a/ Violating the regulations on business conditions specified in Articles 4 and 5 of this Decree but has not yet caused harms to human life or health or property; in case of violating regulations concerning the conditions on fire and explosion prevention and fighting for karaoke and discotheque service establishments, the license shall be revoked under Point b, Clause 1, Article 16 of this Decree;”.

8. To amend and supplement Point b, Clause 1, Article 16 as follows:

“b/ Violating regulations on business conditions, causing harms to human life or health or property; violating regulations on fire prevention and fighting in one of the following cases that has received the competent agency’s written request for remediation but fails to comply with the request: having insufficient escape routes; making escape routes and fire barriers useless; or putting into operation projects or project items subject to appraisal of fire prevention and fighting without obtaining a written approval of fire prevention and fighting acceptance test results;”.

9. To add Clause 2a below Clause 2, Article 19 as follows:

“2a. To promulgate internal rules of appraisal delegation activities for grant and modification of the license in localities.”.

Article 2. To replace and add forms of the Appendix to Decree No. 54/2019/ND-CP

1. To replace Form No. 01 of the Appendix to Decree No. 54/2019/ND-CP with Form No. 01 of the Appendix to this Decree.

2. To replace Form No. 02 of the Appendix to Decree No. 54/2019/ND-CP with Form No. 02 of the Appendix to this Decree.

3. To replace Form No. 03 of the Appendix to Decree No. 54/2019/ND-CP with Form No. 03 of the Appendix to this Decree.

4. To replace Form No. 04 of the Appendix to Decree No. 54/2019/ND-CP with Form No. 04 of the Appendix to this Decree.

5. To add Form No. 06 below Form No. 05 of the Appendix to Decree No. 54/2019/ND-CP, which is Form No. 05 of the Appendix to this Decree.

Article 3. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. Transitional provisions

a/ In case enterprises or business households have submitted dossiers of request for grant or modification of the license before the effective date of this Decree but not yet been granted the license or modified license, the order and procedures specified in this Decree shall be applied.

b/ Enterprises or business households that have been granted the license before the effective date of this Decree may continue to operate according to the contents stated in the granted licenses.

Article 4. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies shall implement this Decree.-

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

LE THANH LONG

* The Appendix to this Decree is not translated.