Is it possible to hire certificates of conformance to karaoke service business held by other individuals for business purposes in Vietnam?

Is it possible to hire certificates of conformance to karaoke service business held by other individuals for business purposes in Vietnam?

Pursuant to Article 15 of the Decree 38/2021/NĐ-CP stipulating violations against regulations on karaoke and discotheque service business in Vietnam as follows:

1. Imposing the penalty in the form of a warning or a fine of between 200,000 dong and 500,000 dong for the act of failure to wear costumes or name plates provided by employers.

2. Imposing the penalty in the form of a fine of between 500,000 dong and 1,000.000 dong for the act of failure to wear costumes or name plates provided by employers.

3. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for the act of failure to submit certificates of conformance to karaoke or discotheque service business regulations upon receipt of revocation decisions from competent state authorities.

4. Imposing the fine ranging from 5,000,000 dong to 10.000.000 dong for the act of making untruthful declarations in applications for certificates of conformance to karaoke or discotheque service business regulations.

5. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Providing discotheque services for persons aged under 18 years;

b) Rendering karaoke services outside the legitimate time frame from 8:00 to 24:00 each day;

c) Modifying, erasing, deleting, adding or changing information contained in certificates of conformance to karaoke and discotheque service business regulations.

6. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Rendering karaoke and discotheque services though prescribed dimensional requirements are not met;

b) Mounting door latches inside karaoke or disco ballrooms;

c) Installing alarm equipment, except for fire and explosion detection systems at the places where karaoke and discotheque services are rendered;

d) Failing to make photos duly fit with the lyrics shown on karaoke screens (or in other similar forms) or with the culture, moral value and fine customs of the Vietnamese people in each karaoke room;

dd) Failing to adjust certificates of conformance to karaoke or discotheque service business regulations in case of changing the number of rooms or owners;

e) Opening discotheques outside the legitimate time frame from 02:00 to 8:00 each day;

g) Running discotheque service business at locations less than 200 meters away from schools, hospitals, religious and belief establishments, historical-cultural relics.

7. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for one of the following violations:

a) Rendering karaoke services without licenses or permits that are legally required;

b) Using certificates of conformance to karaoke service business regulations held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of conformance to karaoke service business regulations for business purposes.

8. Imposing the fine ranging from 25,000,000 dong to 30,000,000 dong for one of the following violations:

a) Rendering discotheque services without licenses or permits that are legally required;

b) Using certificates of conformance to discotheque service business regulations held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of conformance to discotheque service business regulations for business purposes.

9. Other supplementary penalties:

a) The penalty existing in the form of seizure of the right to use certificates of conformance to karaoke or discotheque service business regulations for the period of between 18 months and 24 months shall be imposed for the violations prescribed in point c of clause 7 and point c of clause 8 of this Article;

b) Compelling the confiscation of exhibits involved in the violations referred to in point c of clause 5 of this Article.

10. Remedies:

a) The remedy existing in the form of compulsory confiscation of certificates of conformance to karaoke or discotheque service business regulations shall be available for the violations prescribed in clause 4 of this Article if these certificates have already been issued;

b) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 5, point e of clause 6, clause 7 and clause 8 of this Article.

As regulations above, you are not permissible hire certificates of conformance to karaoke service business held by other individuals for business purposes in Vietnam. If you do this act, you shall be fined from 20,000,000 dong to 25,000,000 dong.

What are requirements for karaoke business in Vietnam?

Pursuant to Article 4 of the Decree 54/2019/NĐ-CP stipulating requirements for karaoke business in Vietnam as follows:

A karaoke venue shall

1. Be an enterprise or household business that is established as specified by regulations and law.

2. Ensure fire safety, public security and order as specified in Decree No. 96/2016/ND-CP dated July 01, 2016 of the Government on security, order conditions of conditional business lines.

3. Have singing rooms with usable areas of 20 square meters or larger, excluding the auxiliary works.

4. Ensure no door locks or alarming devices (except fire alarm) are installed inside the singing rooms.

As regulations above, to be eligible to do business in karaoke service, you must satisfy following requirements: be an enterprise or household business, ensure fire safety, public security and order, and other regulations on karaoke vanues in Vietnam.

What are responsibilities of owners of karaoke venues in Vietnam?

Pursuant to Article 6 of the Decree 54/2019/NĐ-CP (amended by Article 31 of the Decree 144/2020/NĐ-CP) stipulating responsibilities of owners of nightclubs in Vietnam as follows:

2. Comply with labor code for workers specified in regulations and law. Provide the workers with uniforms and name tags.

3. Ensure noise isolation of the singing rooms or dance floors are in conformity with National Technical Regulation on noise.

4. Complying with regulations and law specified in Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on trade in alcohol.

5. Complying with regulations and law on tobacco harm prevention.

6. Complying with regulations and law on environmental protection; food safety; copyright; employment contract; occupational safety; insurance; social evils prevention and other related regulations and law.

Above are responsibilities of owners of karaoke business in Vietnam.

Best regards!