LEGAL GROUNDS

Investment Law 2014;

Enterprise Law 2014;

Decree 54/2019/ND-CP regulating business of karaoke services and discotheque services;

CONSULTATION CONTENT

Chapter II Decree 54/2019/ND-CP regulates business conditions and responsibilities of enterprises and business households when providing karaoke services and discotheque services as follows:

"Article 4. Conditions for karaoke service business

1. Is an enterprise or business household established according to the provisions of law.

2. Ensuring conditions for fire and explosion prevention and fighting, security and order according to the provisions of Decree No. 96/2016/ND-CP dated July 1, 2016 of the Government stipulating conditions for security, order for a number of conditional investment and business sectors.

3. The theater room must have a usable area of ​​20 m2 or more, excluding auxiliary works.

4. Do not place door latches inside the theater room or place alarm devices (except fire alarm devices).

Article 5. Conditions for discotheque service business

1. Is an enterprise or business household established according to the provisions of law.

2. Ensuring conditions for fire and explosion prevention and fighting, security and order according to the provisions of Decree No. 96/2016/ND-CP dated July 1, 2016 of the Government stipulating conditions for security, order for a number of conditional investment and business sectors.

3. The dance hall must have a usable area of ​​80 m2 or more, not including auxiliary buildings.

4. Do not place door latches inside the dance hall or place alarm devices (except fire alarm devices).

5. Business locations must be 200 m or more from schools, hospitals, religious and belief facilities, and historical and cultural relics.

Article 6. General responsibilities of enterprises and business households when providing karaoke services and discotheque services

1. Only use songs that are allowed to be disseminated and circulated.

2. Comply with labor laws with workers according to the provisions of law. Provide uniforms and name tags for workers.

3. Ensure adequate soundproofing conditions and that sound escapes from the theater or dance hall in accordance with the National Technical Regulations on noise.

4. Comply with the provisions of Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on alcohol business.

5. Comply with the provisions of law on prevention and control of harmful effects of tobacco.

6. Comply with legal regulations on environmental protection; hygiene and food safety; copyright; labor contract; labor safety; insurance; prevention and control of social evils and other relevant legal regulations.

Article 7. Responsibilities of enterprises and business households when providing karaoke services

In addition to the responsibilities specified in Article 6 of this Decree, enterprises or business households are responsible for:

1. Make sure the image matches the lyrics shown on the screen (or similar form) and the culture, ethics, and fine customs of the Vietnamese people.

2. Do not operate from 0:00 a.m. to 08:00 a.m.

Article 8. Responsibilities of enterprises and business households when providing discotheque services

In addition to the responsibilities specified in Article 6 of this Decree, enterprises or business households are responsible for:

1. Not allowed to operate from 02:00 am to 08:00 am.

2. Do not provide discotheque services to people under 18 years old.

3. In case there is an art performance program, it must comply with the provisions of law on art performance."

According to the provisions of Article 4 of Decree 54/2019/ND-CP regulating karaoke service business,

Disco service regulations on Karaoke service business conditions are as follows:

The first, is an enterprise or business household established according to the provisions of law.

Monday, ensuring conditions for fire and explosion prevention, security and order according to regulations.

Tuesday, The theater room must have a usable area of ​​20m2 or more, not including auxiliary works.

Wednesday, Do not place door latches inside the theater room or place alarm devices (except fire alarm devices).

Accordingly, it can be seen that foreign-invested enterprises can do additional business in other entertainment activities not yet classified elsewhere Details: Karaoke service. However, the above conditions must be met.

Therefore, before applying for a license to qualify for karaoke service business.

Customers need to carry out the following procedures:

Step 1: Adjust the investment registration certificate.

Step 2: Add business registration lines

In fact, there are localities where you can perform both of these procedures at the same time.

After completing the above procedures, you can apply for a license to qualify for karaoke service business.

Application dossier for issuance of Business Eligibility License

1. Application for issuance of Business Eligibility License (according to Form No. 01 in the Appendix issued with Decree No. 54/2019/ND-CP).

2. Certified copy or copy with original presented for comparison of Certificate of satisfaction of security and order conditions.

Enterprises send directly or by post or online 01 set of documents as prescribed to the district/city People's Committee.

In case the dossier is not in accordance with regulations, within 01 working day from the date of receiving the dossier, the agency granting the Business Eligibility License will issue a written notice requesting completion of the dossier.

Regulations on order and procedures You can refer to the following Laws:

"Article 9. Authority to grant, adjust and revoke the License to qualify for business of karaoke services or discotheque services

1. The state management agency in charge of culture under the Provincial People's Committee (hereinafter referred to as the agency granting business eligibility licenses) has the authority to issue, adjust and revoke business eligibility licenses. business of karaoke services or discotheque services (hereinafter referred to as Business Qualification License).

2. The agency granting business eligibility licenses shall decentralize and authorize the district-level state management agency in charge of culture to issue, adjust and revoke the business eligibility license for karaoke services according to provisions of law on local government organization.

Article 10. Application dossier for issuance of Business Eligibility License

1. Application for a Business Eligibility License (according to Form No. 01 in the Appendix issued with this Decree).

2. Certified copy or copy with original presented for comparison of Certificate of satisfaction of security and order conditions.

Article 11. Procedures for issuance of business eligibility licenses

1. Enterprises or business households send directly or by post or online 01 sets of documents as prescribed in Article 10 of this Decree to the agency granting the business license.

2. In case the dossier is not in accordance with regulations, within 01 working day from the date of receiving the dossier, the agency granting the Business Eligibility License will issue a written notice requesting completion of the dossier.

3. In case the dossier is complete as prescribed, within 05 working days from the date of receiving the dossier, the agency granting the Business Eligibility License shall appraise the dossier and actually appraise the prescribed conditions. in this Decree, issue a Business Eligibility License (according to Form No. 02 in the Appendix issued with this Decree). In case of not granting a Business Eligibility License, a written response must be provided clearly stating the reason.

4. The agency competent to issue the Business Qualification License sends and stores this License as follows: 02 copies are kept at the agency issuing the Business Qualification License; 01 copy sent to the enterprise or business household that is granted a Business Qualification License; 01 copy sent to the district police agency where the business is conducted; 01 copy sent to the agency issuing the Enterprise or Business Registration Certificate; posted on the electronic information page of the agency granting the business license.

Article 12. Procedure for adjusting Business Eligibility License

1. In case of change in business location, procedures for granting a new Business Eligibility License must be carried out according to the provisions of Article 11 of this Decree.

2. In case of change in the number of rooms or the owner must make adjustments to the Business Eligibility License according to the provisions of Clauses 3, 4 and 5 of this Article and implement relevant provisions of the Law. enterprise.

3. Enterprises or business households send directly or by post or online an application to adjust the Business Eligibility License (according to Form No. 03 in the Appendix issued with this Decree) to the issuing agency. Business eligibility license.

4. In case the dossier is not in accordance with regulations, within 01 working day from the date of receiving the dossier, the agency granting the Business Eligibility License will send a written notice requesting completion of the dossier.

5. In case the dossier is complete as prescribed, within 04 working days from the date of receiving the dossier, the agency granting the Business Eligibility License shall appraise the dossier and actually appraise the changed contents. and issue an adjusted Business Eligibility License (according to Form No. 04 in the Appendix issued with this Decree). In case of not granting an adjustment license, a written response must be provided clearly stating the reason.

6. Sending and saving the adjusted Business Eligibility License shall comply with the provisions of Clause 4, Article 11 of this Decree."

In case the dossier is complete as prescribed, within 05 working days from the date of receiving the dossier, the agency granting the Business Eligibility License shall appraise the dossier and actually appraise the conditions specified in Decree No. this Decree, issue a Business Eligibility License (according to Form No. 02 in the Appendix issued with this Decree). In case of not granting a Business Eligibility License, a written response must be provided clearly stating the reason.