Cases of revocation of the license for nightclub operation in Vietnam

Cases of revocation of the license for nightclub operation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Nightclubs business conditions in Vietnam

Specifically, Article 5 of Decree 54/2019/ND-CP stipulates that a nightclub shall:

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

- 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.

- Have a usable area of 80 square meters or larger, excluding the auxiliary works.

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

- Be located at least 200 meters away from schools, hospitals, religious establishments, cultural – historical heritage.

2. Cases of revocation of the license for nightclub operation in Vietnam

According to Clause 1, Article 16 of Decree 54/2019/ND-CP, the licensing authority shall decide to revoke the Operating license if the owner:

- Uses fabricated documents to apply for the Operating license;

- Fails to fulfill any of the business conditions in a manner that causes damage to life, health and/or belongings;

- Fails to run the business for 12 continuous months while holding the license;

- Fails to suspend business at the request of licensing authority;

- Fails to rectify or fully rectify the violations by the end of the time limit imposed by the licensing authority.

- Repeats any of the violations specified in the business suspension request within 02 years since the end of the suspension.

3. Procedures for granting the license for nightclub operation in Vietnam

Procedures for granting the license for nightclub operation in Vietnam are prescribed as follows:

- The applicant shall send via postal office or online 01 application specified in Article 10 of this Decree to the licensing authority.

- If the application does not meet the regulations, the licensing authority will issue a request for the completion within 01 working day from the day in which it is received.

- If the application meets the regulations, within 05 working days from the day in which it is received, the licensing authority will process and conduct an on-site inspection for conditions specified in Decree 54/2019/ND-CP and issue an Operating license (Form 02 in the Appendix issued together with Decree 54/2019/ND-CP).

If the application is rejected, provide a response and explanation.

- An authorized licensing authority shall send and archive this license as follows:

+ 02 copies shall be archived at the licensing authority;

+ 01 copy shall be sent to the applicant;

+ 01 copy shall be sent to the police authority of the district where the business is conducted;

+ 01 copy shall be sent to the business registration office and uploaded on the licensing authority’s online portal.

(Article 11 of Decree 54/2019/ND-CP)

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