Is it permissible to open billiards business overnight in Vietnam?

Is it permissible to open billiards business overnight in Vietnam?

Pursuant to Article 36 of the Regulation on cultural activities and commercial provision of public cultural services issued together with the Decree 103/2009/NĐ-CP stipulating provisions on other recreational activities and entertainment services as follows:

Organizations and individuals that organize cultural activities and other recreational and entertainment activities other than those specified in Chapters VII and VIII and Article 35 of this Regulation in public places for commercial or non-commercial purposes shall comply with Articles 1 and 3 of this Regulation and may not operate from after 00:00 to 8:00 hrs.

Chapter VII of the Decree 103/2009/NĐ-CP stipulates on discotheque.

Chapter VIII of the Decree 103/2009/NĐ-CP stipulates on karaoke services.

As regulations above, it is permissible for billiards business to operate only from after 00:00 to 8:00 hrs. You will violate the provisions on other recreational activities and entertainment services when opening billiards business.

What are administrative fines for opening billiards business overnight in Vietnam?

Pursuant to Clause 1 and 8, Article 16 of the Decree 38/2021/NĐ-CP stipulating violations against regulations on public cultural and cultural service business activities in Vietnam as follows:

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Hanging or displaying paintings, pictures, calendars or other objects with pornographic or debauchery content but not to the extent of being criminally prosecuted; inciting violence at discotheque service establishments, karaoke service establishments, tourist accommodation establishments, restaurants providing food and beverage services or other public cultural and cultural service business sites;

b) Organizing entertainment and recreational activities outside the timeframe from 8:00 to 24:00 each day, except for the cases specified in Clause 1, Point dd and Point e, Clause 4, Article 8; Point b Clause 5 and Point e Clause 6 Article 15; Clause 2 Article 31 of this Decree.

8. Remedies:

a) Compelling the destruction or elimination of cultural products having detrimental effects with respect to the acts specified in point a of clause 1 and 2 of this Article;

b) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 1 and clause 2 of this Article.

Pursuant to Clause 2 Article 5 of the Decree 38/2021/NĐ-CP stipulating as follows:

2. The amounts of fine specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in clause 1, point c clause 4, point a clause 5 and 6 of Article 6; point c, dd, e and g clause 4 of Article 8; clause 1, 2 and 3 of Article 9; Article 10; point a clause 2, clause 3, 5 and 6, point a, b, c and d clause 7 Article 14; clause 1, 2, 3, 4 and point b clause 5 Article 21; clause 1, 2, 3, 4 and point b clause 5 Article 23; clause 1 of Article 24; Article 30, 38, 39 and 40 of this Decree are applicable to organizations.

As regulations above, a fine ranging from 5,000,000 dong to 10,000,000 dong shall be imposed for opening billiards business overnight in Vietnam. In addition, illegal gains from commission of the violations shall be returned.

What are administrative fines for opening billiards business overnight causing noises in Vietnam? 

Pursuant to Article 8 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public serenity as follows:

1. A warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

a) Making loud noises in a residential area or public area during 10 p.m – 6 a.m;

b) Failure to comply with regulations on maintaining serenity in health facilities, sanitariums, schools or other places with such regulations;

c) Selling food and/or drink past the hour specified in by the People’s Committee of the province.

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using loudspeakers, gongs, drums, horns or other devices to make loud noises in public without permission of competent authorities.

3. Additional penalty:

Confiscation of the exhibits and means of administrative violations in case of violations specified in Clauses 2 of this Article.

Pursuant to Clause 2 and 4, Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

4. Households, household businesses that commit violations specified in this Decree shall incur the same penalties as individuals.

A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for opening billiards business overnight causing noises in Vietnam.

Best regards!