Decree No. 148/2024/ND-CP dated November 12, 2024 on amending of the Decree No. 54/2019/ND-CP on operation of karaoke venues and nightclubs

DECREE

Amending certain articles of the Government’s Decree No. 54/2019/ND-CP dated June 19, 2019 on operation of karaoke venues and nightclubs

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Upon the request of the Minister of Culture, Sports and Tourism,

The Government hereby promulgates a Decree amending certain articles of the Government’s Decree No. 54/2019/ND-CP dated June 19, 2019 on operation of karaoke venues and nightclubs.

Article 1. Amendments to certain articles of the Government’s Decree No. 54/2019/ND-CP dated June 19, 2019 on operation of karaoke venues and nightclubs

1. Amendments to Clause 2 Article 4:

“2. Ensure fire prevention and control, public security and order as specified in the Government's Decree No. 96/2016/ND-CP dated July 1, 2016, and the Government's Decree No. 56/2023/ND-CP dated July 24, 2023.”.

2. Amendments to Clause 2 Article 5:

“2. Ensure fire prevention and control, public security and order as specified in the Government's Decree No. 96/2016/ND-CP and the Government's Decree No. 56/2023/ND-CP .”.

3. Amendments to certain Clauses of Article 6:

a) Clause 3a is added to after Clause 3 as follows:

“3a. Ensure compliance with the provisions of QCVN 06:2022/BXD on National Technical Regulation on Fire safety of Buildings and Constructions enclosed with Circular No. 06/2022/TT-BXD dated November 30, 2022 of Minister of Construction, and Amendment 1:2023 QCVN 06:2022/BXD National technical regulation on Fire Safety of Buildings and Constructions enclosed with Circular No. 09/2023/TT-BXD dated October 16, 2023 of the Minister of Construction; technical standards and regulations, and regulations related to fire safety, load-bearing safety for buildings and constructions, and fire protection at karaoke venues and nightclubs.”.

b) Addition of Clause 7 to after Clause 6:

“7. In case of organizing art performances, the provisions of Decree No. 144/2020/ND-CP dated December 14, 2020 of the Government on performance arts shall be applied.".

4. Amendments to Article 9:

“Article 9. Authority to issue, revise and revoke certificates of eligibility for karaoke venue or nightclub operation

1. The provincial People’s Committees have the authority to issue, revise and revoke certificates of eligibility for karaoke venue or nightclub operation (hereinafter referred to as “operating licenses”).

2. Departments of Culture, Sports and Tourism or Departments of Culture and Sports may receive and manage operating licenses and documents concerning the eligibility for operation under the licensing authority of the Provincial People's Committees.

3. Delegation of the authority to carry out procedures for issuing, revising and revoking operating licenses shall comply with the provisions of law on local governmental organization.".

5. Amendments to Article 11:

“Article 11. Procedures for issuing operating licenses

1. An applicant shall send 01 application specified in Article 10 of this Decree to the receiving authority in person, by post or through electronic environment.

2. In case the application is found unsatisfactory, the receiving authority shall prepare a written request for completion of application within 01 working day from the day on which the application is received.

3. If the application is found satisfactory, within 03 working days from the day on which the application is received, the licensing authority shall process, establish an inspection team and conduct an on-site inspection of operation requirements specified in this Decree in order to advise the competent authority to decide whether to issue operating license or not. The inspection team consists of no more than 07 members, including representatives of the following agencies: Police agencies, cultural agencies, construction agencies and other related agencies.

Within 04 working days from the date of establishment, the inspection team must organize an inspection and produce the inspection result using Form No. 06 in the Appendix enclosed herewith.

Within 03 working days from the day on which the inspection result is produced, the licensing authority shall decide whether to issue an operating license using Form No. 02 in the Appendix enclosed herewith or not. In case of rejection to issue the operating license, the licensing authority shall send the applicant a written notice which specifies reasons for rejection.

4. The licensing authority shall send 01 copy of the operating license to the eligible applicant, the business registration office, the police authority of the district-level division where the business is conducted and keep 01 copy of the license at their office, or the receiving authority; upload the license on its website.”.

6. Amendments to certain Clauses of Article 12:

a) Clause 3 is amended as follows:

“3. The owner shall send an application form for revision of the operating license using Form No. 03 in the Appendix enclosed herewith in person or by post or through online environment online to the licensing authority.”.

b) Clause 4 is amended as follows:

“4. In case the application is found unsatisfactory, the receiving authority shall prepare a written request for completion of application within 01 working day from the day on which the application is received.”

c) Clause 5 is amended as follows:

“5. In case the application is found satisfactory, the licensing authority shall process the application, establish an inspection team as prescribed in clause 3 Article 11 of this Decree and conduct an inspection of contents applied to be changed within 03 working days from the day on which the application is received. In case only the owner is changed, it is not required to establish the inspection team.

Within 02 working days from the date of establishment, the inspection team must organize an inspection and issue the inspection results using Form No. 06 in the Appendix enclosed herewith.

Within 02 working days from the day on which the inspection result is produced, the licensing authority shall decide whether to grant a revised operating license using Form No. 04 in the Appendix enclosed herewith or not. In case of rejection to issue the revised operating license, the licensing authority shall send the applicant a written notice which specifies reasons for rejection.”.

7. Amendments to point a Clause 1 of Article 15:

“a) violates regulations on operation conditions specified in Article 4 and Article 5 of this Decree but causing no life, health or belongings loss yet; in case of violating regulations on fulfilment of requirements for fire protection imposed on karaoke venues and nightclubs, the license shall be revoked as prescribed in point b clause 1 Article 16 hereof;”.

8. Amendments to Point b Clause 1 of Article 16:

“b) violating regulations on operating conditions in a manner that causes damage to life, health or belongings; the owner fails to comply with the competent authority’s written request for resolving the following issues: Failure to set up enough escape routes; blocking escape routes or firebreaks; putting works and work items subject to fire protection assessment and approval into operation without a written approval of fire protection acceptance results;".

9. Addition of Clause 2a to after Clause 2 of Article 19:

“2a. Promulgating local inspection team’s operating regulations for issuance or revision of operating licenses.”.

Article 2. Replacement and addition of forms in the Appendix enclosed with Decree No. 54/2019/ND-CP

1. Form No. 01 of the Appendix enclosed with Decree No. 54/2019/ND-CP is replaced with Form No. 01 enclosed herewith.

2. Form No. 02 of the Appendix enclosed with Decree No. 54/2019/ND-CP is replaced with Form No. 02 enclosed herewith.

3. Form No. 03 of the Appendix enclosed with Decree No. 54/2019/ND-CP is replaced with Form No. 03 enclosed herewith.

4. Form No. 04 of the Appendix enclosed with Decree No. 54/2019/ND-CP is replaced with Form No. 04 enclosed herewith.

5. Form No. 06 enclosed herewith is added to after Form No. 05 in the Appendix enclosed with Decree No. 54/2019/ND-CP .

Article 3. Implementation clauses

1. This Decree comes into force from the date on which it is signed.

2. Transition provisions:

a) If the applicant has submitted an application for issuance or revision of the operating license before the effective date of this Decree but the license has not yet issued, the procedures shall comply with the provisions of this Decree.

b) If the applicant has been issued with an operating license before the effective of this Decree, they can continue operation according to the contents stated in the issued operating license.

Article 4. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces or central-affiliated cities and relevant agencies are responsible for implementation of this Decree.