Integrated document 5254/VBHN-BVHTTDL dated November 27, 2024 Decree on karaoke and discotheque services
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MINISTRY OF
CULTURE, SPORTS AND TOURISM OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 5254/VBHN-BVHTTDL |
Hanoi, November 27, 2024 |
DECREE
ON KARAOKE AND DISCOTHEQUE SERVICES
Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on provision of karaoke and discotheque services coming into force from September 1, 2019 is amended by
Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on provision of karaoke and discotheque services, coming into force from November 12, 2024.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Enterprises dated November 26, 2014;
At request of the Minister of Culture, Sports and Tourism;
The Government promulgates Decree on karaoke and discotheque services[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Decree prescribes provision of karaoke and discotheque services.
2. This Decree applies to Vietnamese and foreign enterprises and household businesses (hereinafter referred to as “enterprises and household businesses”) that provide karaoke and discotheque services; agencies, organizations, and individuals related to karaoke and discotheque services.
Article 2. Definitions
In this Decree, terms below are construed as follows:
1. Karaoke service means a service in which sound, lighting, music, lyrics and images are provided (either via screens or similar media) to accommodate singing activities at facilities eligible to provide karaoke service in accordance with this Decree.
2. Discotheque service means a service in which dance floor, stage, sound, and lighting are provided to accommodate dancing, singing activities, or art programs at facilities eligible to provide discotheque service in accordance with this Decree.
Article 3. Principles in karaoke and discotheque services
1. Enterprises or household businesses may only provide karaoke and discotheque services after obtaining certificate of business eligibility and fulfilling requirements under this Decree and other relevant law provisions.
2. Maintain social order and security; preserve lives, health, dignity, and property of agencies and individuals engaging in karaoke and discotheque services.
3. Do not exploit service activities to accommodate social vices, crime activities, and other violations of the law.
Chapter II
ELIGIBILITY AND RESPONSIBILITIES OF ENTERPRISES AND HOUSEHOLD BUSINESSES PROVIDING KARAOKE AND DISCOTHEQUE SERVICES
Article 4. Eligibility to provide karaoke service
1. An enterprise or household business is established in a law-compliant manner.
2.[2] Fulfill fire safety and order, security requirements under Decree No. 96/2016/ND-CP dated July 1, 2016 of the Government and Decree No. 56/2023/ND-CP dated July 24, 2023 of the Government.
3. Signing rooms must have 20 m2 of minimum usable area, excluding auxiliary work items.
4. Door locks must not be located inside singing rooms; alarms (other than fire alarms) must not be located inside singing rooms.
Article 5. Eligibility to provide discotheque service
1. An enterprise or household business is established in a law-compliant manner.
2. [3] Fulfill fire safety and security, order requirements under Decree No. 96/2016/ND-CP and Decree No. 56/2023/ND-CP of the Government.
3. Discotheque rooms must have 80 m2 of minimum usable area, excluding auxiliary work items.
4. Door locks must not be located inside discotheque rooms; alarms (other than fire alarms) must not be located inside singing rooms.
5. Location of discotheque facility must be 200 m of minimum separation distance from education institutions, hospitals, religious establishments, historical - cultural sites.
Article 6. General responsibilities of enterprises, household businesses providing karaoke, discotheque services
1. Comply with labor laws in respect of employees as per the law. Provide employees with uniform and name tag.
2. Ensure adequate soundproofing capabilities and that sound emitting from singing rooms or discotheque rooms must conform to national technical regulation on noises.
3a. [4] Adhere to the QCVN 06:2022/BXD on National Technical Regulation on Fire Safety for Buildings and Constructions attached to Circular No. 06/2022/TT-BXD dated November 30, 2022 of the Minister of Construction, Amendment No. 1:2023 QCVN 06:2022/BXD on National Technical Regulation on Fire Safety for Buildings and Constructions attached to Circular No. 09/2023/TT-BXD dated October 16, 2023 of the Minister of Construction; technical standards, technical regulations, and provisions related to fire safety, load-bearing safety for buildings and constructions and fire prevention and firefighting at karaoke, discotheque facilities.
4. Comply with Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on alcohol trading.
5. Comply with regulations of the law on prevention and control of harmful effects of tobacco.
6. Comply with regulations of the law pertaining to environment protection; food safety; intellectual property; employment contracts; labor safety; insurance; social vice prevention and combat, and other relevant law provisions.
7.[5] Where performance arts are performed in accordance with Decree No. 144/2020/ND-CP dated December 14, 2020 of the Government.
Article 7. Responsibilities of enterprises and household businesses providing karaoke service
In addition to Article 6 hereof, enterprises and household businesses providing karaoke service (hereinafter referred to as “karaoke service providers”) have the responsibility to:
1. Ensure displayed lyrics appropriate to the song being played (either via screens or similar media) and Vietnamese culture, ethics, moral values.
2. Not operate from 12 a.m. to 8 a.m.
Article 8. Responsibilities of enterprises and household businesses providing discotheque service
In addition to Article 6 hereof, enterprises and household businesses providing discotheque service (hereinafter referred to as “discotheque service providers”) have the responsibility to:
1. Not operate from 2 a.m. to 8 a.m.
2. Not provide services for persons under 18 years of age.
3. Adhere to art performance laws if art performances are delivered.
Chapter III
ISSUANCE, REVISION, REVOCATION OF CERTIFICATE OF ELIGIBILITY TO PROVIDE KARAOKE OR DISCOTHEQUE SERVICE
Article 9. Entitlement to issuance, revision, and revocation of certificate of eligibility to provide karaoke or discotheque service[6]
1. People’s Committees of provinces (hereinafter referred to as “provincial People’s Committees”) shall have the power to issue, revise, and revoke certificate of eligibility to provide karaoke and discotheque services (hereinafter referred to as “certificate of eligibility”).
2. Departments of Culture, Sports and Tourism or Departments of Culture and Sports shall receive and manage application and certificate of eligibility under management of provincial People’s Committees.
3. Decentralization and authorization for issuance, revision, and revocation of certificate of eligibility shall conform to local government organization laws.
Article 10. Application for certificate of eligibility
1. Application for certificate of eligibility (Form No. 1 under Appendix attached hereto).
2. Certified true copies or copies and original copies for comparison of certificate of fulfillment of security and order requirements.
Article 11. Procedures for issuance of certificate of eligibility[7]
1. Enterprises or household businesses shall submit application under Article 10 hereof to authority that receives the application (hereinafter referred to as “receiving authority”) in person or via post service or via electronic environment.
2. Where the application is inadequate, within 1 working day from the date on which receiving authority receives the application, the authority shall request the applicants to revise the application.
3. Where the application is adequate as per the law, within 3 working days from the date on which the authority receives the application, authority that issues certificate of eligibility (hereinafter referred to as “issuing authority”) shall inspect the application and form teams for physical inspection at business location (hereinafter referred to as “inspection teams”) regarding business conditions under this Decree in order to advise issuing authority to issue or not to issue certificate of eligibility. An inspection team shall consist of at most 7 members, of which are representatives of: police authority, culture authority, construction authority, and other relevant authorities.
Within 4 working days from the date on which inspection teams are formed, inspection teams shall inspect and produce inspection result records using Form No. 6 under Appendix attached hereto.
Within 3 working days from the date on which inspection result records are produced, issuing authority shall decide whether to issue certificate of eligibility using Form No. 2 under Appendix attached hereto or not. In case of rejection, issuing authority must respond and provide reasons for rejection in writing.
4. Issuing authority shall send 1 copy of the certificate of eligibility each to the applicant, authority that issues certificate of enterprise or household business registration, and district police authority of district where business takes place and keep 1 copy of the certificate at issuing authority, receiving authority; upload the certificate of eligibility on website of issuing authority.
Article 12. Procedures for revision of certificate of eligibility
1. In case of change to business location, procedures for issuance of new certificate detailed under Article 11 hereof shall be adhered to.
2. In case of change to number of rooms or ownership, procedures for revision of certificate detailed under Clauses 3, 4, and 5 of this Article and other relevant law provisions of the Law on Enterprises shall be adhered to.
3.[8] Enterprises or household businesses shall submit application using Form No. 3 under Appendix attached hereto to issuing authority in person or via post service or via electronic environment.
4.[9] Where the application is inadequate, within 1 working day from the date on which receiving authority receives the application, the authority shall request the applicants to revise the application.
5.[10] In case of adequate application, within 3 working days from the date on which issuing authority receives the adequate application, the issuing authority shall inspect the application and form inspection teams in accordance with Clause 3 Article 11 hereof to inspect the changes. In case of changes to ownership only, inspection teams are not required.
Within 2 working days from the date on which inspection teams are formed, inspection teams shall inspect and produce inspection result records using Form No. 6 under Appendix attached hereto.
Within 2 working days from the date on which inspection result records are produced, issuing authority shall decide whether to issue revised certificate of eligibility using Form No. 4 under Appendix attached hereto or not. In case of rejection, issuing authority shall respond and provide reasons for rejection in writing.
6. Submission and storage of revised certificate of eligibility shall conform to Clause 4 Article 11 hereof.
Article 13. Issuance of copies of certificate of eligibility from original copies
1. Where certificate of eligibility is lost or damaged, enterprises or household businesses may request issuing authority to issue copies of the certificate from the original copies.
2. Issuance of copies from original copies shall comply with Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government.
Article 14. Voluntary termination of business operation
Enterprises and household businesses shall, for the purpose of voluntary termination of karaoke or discotheque service, submit application using Form No. 5 under Appendix attached hereto and previously issued certificate of eligibility to issuing authority. In case of failure to notify issuing authority, issuing authority shall revoke certificate of eligibility in accordance with Point c Clause 1 Article 16 hereof after 12 consecutive months of inactivity.
Article 15. Requested temporary business suspension for rectification of violation
1. Issuing authority shall request temporary business suspension in writing if a karaoke or discotheque service provider:
a)[11] violates business eligibility under Article 4 and Article 5 hereof and has not caused any damage to human lives, health, or property; violates fire prevention and firefighting requirements applicable to karaoke and discotheque facilities at which point their certificate of eligibility shall be revoked in accordance with Point b Clause 1 Article 16 hereof;
b) violates responsibilities in business operation under Articles 6, 7, and 8 hereof for the second time.
2. Written request for temporary business suspension must state the violations, starting date and duration of the temporary suspension. Duration of temporary suspension varies depending on severity and rectification period determined by issuing authority. Temporary suspension shall not last longer than 3 months.
3. Enterprises or household businesses must temporarily suspend business operations and rectify violations.
Article 16. Revocation of certificate of eligibility
1. Issuing authority shall issue decision on revocation of certificate of eligibility if a karaoke or discotheque service provider:
a) fabricates application for issuance of certificate of eligibility;
b)[12] violates business eligibility in a manner that causes damage to human lives, health, or property; violates fire prevention and firefighting laws in a manner that falls into any of the cases detailed below and fails to comply with written request for rectification of competent authority: having insufficient means of egress; rendering means of egress and fire spread prevention measures obsolete; bringing structures or work items where fire prevention and firefighting appraisal and approval are required into operation without written approval of fire prevention and firefighting commissioning results;
c) fails to operate for 12 consecutive months after obtaining certificate of eligibility;
d) fails to temporarily suspend business operation at request of issuing authority;
dd) fails to adequately rectify all violations at the end of temporary suspension duration at request of issuing authority;
e) repeats violations for which they have been met with temporary business suspension within the last 2 years at request of issuing authority.
2. Within 5 working days from the date on which karaoke and discotheque service providers receive decision on revocation of certificate of eligibility, karaoke or discotheque service providers shall submit certificate of eligibility to authority that issues the revocation decision.
3. Authority that issues decision on revocation shall upload the revocation of certificate of eligibility on their website.
Chapter IV
ORGANIZING IMPLEMENTATION
Article 17. Inspection and violation handling
1. Inspection authorities, state authorities governing karaoke service and discotheque service are responsible for conducting periodic and irregular (without advance notice) inspection within their powers or form interdisciplinary inspection teams of all levels.
2. Depending on conclusion of competent authority regarding violations of individuals and organizations during karaoke and discotheque service provision, competent authority shall impose penalties against administrative violation or pursue criminal prosecution as per applicable laws.
Article 18. Responsibilities of ministries
1. The Ministry of Culture, Sports and Tourism has the responsibility to:
a) be in charge of state management for karaoke and discotheque services;
b) direct, provide guidelines, communicate, and organize implementation of legislative documents on karaoke and discotheque services;
c) publish administrative procedures pertaining to karaoke and discotheque services as per the law;
d) take charge and cooperate with relevant competent authorities in inspecting, dealing with complaints and denunciations, and taking actions against violations in karaoke and discotheque services;
dd) provide guidelines on organization and operation of inspection teams, interdisciplinary inspection teams of all levels in respect of karaoke and discotheque services;
e) comply with statistic and reporting regulations as per the law.
2. The Ministry of Public Security has the responsibility to:
a) perform state management, coordinate, provide guidelines, communicate, and organize implementation of legislative documents, conduct inspection, handle complaints, denunciations, and take actions against violation of security and order; prevent crime; prevent fire and explosion at karaoke and discotheque facilities;
b) comply with statistic and reporting regulations as per the law.
3. The Ministry of Finance has the responsibility to provide guidelines pertaining to expenditure on issuance, revision of certificate of eligibility in accordance with fees and charges laws.
4. The Ministry of Natural Resources and Environment has the responsibility to provide guidelines on enforcing National Technical Regulation on Noises at karaoke and discotheque facilities.
5. The Ministry of Industry and Trade has the responsibility to manage trade promotion, marketing, sale of alcohol and alcoholic beverages, other goods and services within their powers and management scope at karaoke and discotheque facilities.
6. The Ministry of Labor - War Invalids and Social Affairs has the responsibility to perform state management regarding employment and prevention of social vices at karaoke and discotheque facilities.
7. Ministries, ministerial agencies, Governmental agencies within their tasks and powers have the responsibility to cooperate with Ministry of Culture, Sports and Tourism in enforcing state management in respect of karaoke and discotheque facilities.
Article 19. Responsibilities of People’s Committees of provinces and central-affiliated cities
1. Perform state management in respect of karaoke and discotheque services in their provinces and cities.
2. Direct issuing authority, provincial police authority, Departments of Industry and Trade, Departments of Finance, other agencies, central departments, and People’s Committees of all levels to exercise state management in respect of karaoke and discotheque services.
2a. [13] Promulgate operation regulations of inspection teams for issuance, revision of certificate of eligibility.
3. Publicize administrative procedures pertaining to karaoke and discotheque services within their power.
4. Direct, provide guidelines, communicate, and organize implementation of legislative documents on karaoke and discotheque services.
5. Conduct inspection, handle complaints, denunciations, and take actions against violation in karaoke and discotheque services as per the law.
6. Comply with statistic and reporting regulations as per the law.
Article 20. Transition clause
1. Where enterprises and household businesses have applied for certificate of eligibility before the effective date hereof but have not received the certificate, issuance procedures shall conform to this Decree.
2. Within 3 months from the effective date hereof, enterprises and household businesses to which certificate of eligibility has been issued before the effective date hereof are still allowed to operate.
3. After 3 months from the effective date hereof, enterprises and household businesses to which certificate of eligibility has been issued before the effective date hereof and which still meets business eligibility under this Decree are allowed to operate in accordance with certificate of eligibility. In case of changes to business activities, procedures for revision of certificate of eligibility in accordance with this Decree shall be adopted.
4. After 3 months from the effective date hereof, enterprises and household businesses to which certificate of eligibility has been issued before the effective date hereof and which no longer meets business eligibility under this Decree must terminate business operations.
Article 21. Entry into force, responsibilities for implementation [14]
1. This Decree comes into force from September 01, 2019.
2. Annul:
a) Articles 24, 25, 26, 27, 29, 30, 31, 32, and 34, Clause 2 Article 37, Article 38 of Regulations on cultural activities and public cultural services attached to Decree No. 103/2009/ND-CP dated November 6, 2009 of the Government;
b) Points e, g, h, and i Clause 6 Article 2 of Decree No. 01/2012/ND-CP dated January 4, 2012 of the Government;
c) Clauses 1, 2, 3, 4, and 5 Article 7 of Decree No. 142/2018/ND-CP dated October 9, 2018 of the Government;
d) Article 1 of Decree No. 11/2019/ND-CP dated January 30, 2019 of the Government.
3. Where legislative documents referred to in this Decree are amended or replaced, the new legislative documents shall prevail.
4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree./.
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VERIFIED BY |
[1] Basis of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment of Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services:
“Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
At request of the Minister of Culture, Sports and Tourism;
The Government promulgates Decree on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services”.
[2] This Clause is amended by Clause 1 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[3] This Clause is amended by Clause 2 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[4] This Clause is amended by Point a Clause 3 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[5] This Clause is amended by Point b Clause 3 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[6] This Article is amended by Clause 4 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[7] This Article is amended by Clause 5 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[8] This Clause is amended by Point a Clause 6 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[9] This Clause is amended by Point b Clause 6 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[10] This Clause is amended by Point c Clause 6 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[11] This Point is amended by Clause 7 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[12] This Point is amended by Clause 8 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[13] This Clause is amended by Clause 9 Article 1 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[14] Article 3 and Article 4 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024 read:
“Article 3. Implementation
1. This Decree comes into force from the date of signing.
2. Transition clauses
a) Where enterprises and household businesses have applied for issuance or revision of certificate of eligibility before the effective date hereof but have not received the certificate, issuance procedures shall conform to this Decree.
b) Enterprises and household businesses to which certificate of eligibility has been issued before the effective date hereof shall continue to operate within the certificate.
Article 4. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree.”
[15] This Form is amended by Clause 1 Article 2 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[16] This Form is amended by Clause 2 Article 2 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[17] This Form is amended by Clause 3 Article 2 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[18] This Form is amended by Clause 4 Article 2 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[19] This Form is amended by Clause 5 Article 2 of Decree No. 148/2024/ND-CP dated November 12, 2024 of the Government on amendment to Decree No. 54/2019/ND-CP dated June 19, 2019 of the Government on karaoke and discotheque services, coming into force from November 12, 2024.
[20] Competent authority that issues certificate of eligibility.
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