Vietnam: What are the business conditions for massage services? What are the security and order conditions for massage services?
- What are the business conditions for massage services in Vietnam?
- What are the security and order conditions for massage services in Vietnam?
- Where to apply for issuance of Certificate of satisfaction of security and order conditions for massage services in Vietnam? What are the regulations on application dossier?
What are the business conditions for massage services in Vietnam?
Massage service on the list of conditional business lines according to Appendix IV issued together with the Investment Law 2020.
Specifically, based on Clause 5, Article 3 of Decree 96/2016/ND-CP stipulates:
Business sectors subject to security and order conditions and scope of management
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5. Massage services, consisting of: Use of physical therapies for massage or manual therapies to improve human health.
Massage services provided by health facilities for medical treatment and employment centers for providing jobs to the disabled are not governed by this Decree.
Thus, massage service is a business sector subject to security and order conditions and scope of management. Massage service establishments are only permitted to operate when they have obtained a certificate of satisfaction of security and order conditions.
Vietnam: What are the business conditions for massage services? What are the security and order conditions for massage services? (Image from the Internet)
What are the security and order conditions for massage services in Vietnam?
Pursuant to Article 7 of Decree 96/2016/ND-CP stipulating:
General security and order conditions for all business sectors
1. A business establishment must be registered, licensed or established under the law of Vietnam.
2. The person in charge of security and order of a business establishment must not be one of the following subjects:
a) Vietnamese citizens:
A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.
A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.
A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;
b) Vietnamese people who hold foreign passport and reside abroad, and foreigners:
A person is not permitted by a competent authority of Vietnam to stay in Vietnam.
3. Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.
Accordingly, the owner of a massage service business must ensure: registered, licensed or established under the law of Vietnam; The person in charge of security and order of a business establishment must not be one of the mentioned subjects; Conditions on fire prevention and fighting have been satisfied.
Where to apply for issuance of Certificate of satisfaction of security and order conditions for massage services in Vietnam? What are the regulations on application dossier?
Competence to issue Certificate of satisfaction of security and order conditions for massage services, based on Point a, Clause 3, Article 24 of Decree 96/2016/ND-CP, police authorities of districts affiliated to central-affiliated cities or provinces shall issue Certificates of satisfaction of security and order conditions and manage the massage services.
The applicant may choose to submit the following form of application submission, according to the provisions of Clause 2, Article 23 of Decree 96/2016/ND-CP:
Procedures for application submission and period for issuance of Certificate of satisfaction of security and order conditions
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2. Form of application submission:
A business establishment may choose one of the following forms to submit its application:
a) The application is directly submitted at the competent police authority;
b) The application is submitted by post;
c) The application is submitted online via the Ministry of Public Security’s portal for management of business sectors subject to security and order conditions.
If an application is submitted online via the Ministry of Public Security’s portal for management of business sectors subject to security and order conditions, the business establishment must send documents prescribed in Articles 19, 20, 21 and 22 of this Decree to the competent police authority when it receives the Certificate of satisfaction of security and order conditions.
Regarding the composition of the dossier, according to Article 19 of Decree 96/2016/ND-CP, the application dossier includes:
+ An application form for issuance of Certificate of satisfaction of security and order conditions;
+ Legitimate copy of any of the following documents: Business registration certificate; Certificate of enterprise registration; Certificate of investment registration; Certificate of operation registration of enterprise’s branch or affiliate; Certificate of registration of cooperative or cooperative union; Certificate of registration of branch or business location of cooperative or cooperative union; Operation License of competent authority of Vietnam; Certificate of registration of household business; Written approval for the establishment or operations enclosed with written notice of tax code of for-profit administrative unit;
If documents mentioned in point a of this clause do not include business sectors, the business establishment must supplement a document proving its business sectors which have been approved by the business registration agency or the competent authority;
+ Legitimate copies of documents proving the satisfaction of fire safety conditions at business locations and warehouses;
+ A curriculum vitae of the person in charge of security and order of the business establishment.
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