Decree No. 148/2024/ND-CP amends and supplements some articles of Decree No. 54/2019/ND-CP dated June 19, 2019, of the Government on operating karaoke services and discotheque services.

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE GOVERNMENTAL DECREE NUMBER 54/2019/NĐ-CP ON THE OPERATION OF KARAOKE SERVICES AND DISCO SERVICES

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    Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

    At the proposal of the Minister of Culture, Sports and Tourism;

    The Government promulgates this Decree amending and supplementing certain provisions of the Governmental Decree No. 54/2019/NĐ-CP dated June 19, 2019 on the operation of karaoke services and disco services.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No. 54/2019/NĐ-CP dated June 19, 2019 on the operation of karaoke services and disco services

1. Amending and supplementing Clause 2 of Article 4 as follows:

"2. Ensuring conditions for fire prevention and explosion protection and security and public order in accordance with the provisions of the Governmental Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions for security and public order for certain business sectors subject to conditions, the Governmental Decree No. 56/2023/NĐ-CP dated July 24, 2023 amending and supplementing certain provisions of the Governmental Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions for security and public order for certain business sectors subject to conditions, the Governmental Decree No. 99/2016/NĐ-CP dated July 1, 2016 on management and use of seals, and the Governmental Decree No. 137/2020/NĐ-CP dated November 27, 2020 on management and use of fireworks."

2. Amending and supplementing Clause 2 of Article 5 as follows:

"2. Ensuring conditions for fire prevention and explosion protection and security and public order in accordance with the provisions of the Governmental Decree No. 96/2016/NĐ-CP and the Governmental Decree No. 56/2023/NĐ-CP."

3. Amend and supplement some clauses of Article 6 as follows:

a) Supplementing Clause 3a following Clause 3 as follows:

"3a. Ensuring compliance with the provisions of the National Technical Regulation QCVN 06:2022/BXD on Fire Safety for Buildings and Construction Works issued together with Circular No. 06/2022/TT-BXD dated November 30, 2022 of the Minister of Construction, Amendment 1:2023 QCVN 06:2022/BXD on National Technical Regulation on Fire Safety for Buildings and Construction Works issued together with Circular No. 09/2023/TT-BXD dated October 16, 2023 of the Minister of Construction; relevant standards, technical regulations, and provisions related to fire safety, load-bearing capacity of buildings and construction works, and fire prevention and extinguishing at karaoke service and disco service business premises."

b) Add Clause 7 after Clause 6 as follows:

"7. In case of organizing artistic performance activities in accordance with the provisions of the Governmental Decree No. 144/2020/NĐ-CP dated December 14, 2020 on artistic performance activities."

4. Amending and supplementing Article 9 as follows:

"Article 9. Authority to issue, adjust, and revoke the Business License for Karaoke Services or Disco Services
1. The People's Committee of the province has the authority to issue, adjust, and revoke the Business License for Karaoke Services or Disco Services (hereinafter referred to as the Business License).
2. The Department of Culture, Sports and Tourism or the Department of Culture and Sports shall receive and manage files and licenses within the licensing authority of the provincial People's Committee.
3. The delegation and authorization to implement procedures for issuing, adjusting, and revoking the Business License shall be carried out in accordance with the laws on local administration."

5. Amend and supplement Article 11 as follows:

"Article 11. Procedure for Issuing the Business License
1. Enterprises or individual businesses shall submit directly or through postal service or electronic environment one set of application documents in accordance with Article 10 of this Decree to the receiving agency.
2. In case the submitted documents do not comply with the regulations, the receiving agency shall notify in writing within one working day from the date of receipt requesting completion of the documents.
3. In case the submitted documents comply with the regulations, the licensing agency shall review the documents within three working days from the date of receipt, establish an inspection team (hereinafter referred to as the Inspection Team) to inspect the business premises regarding the business conditions stipulated in this Decree to advise the competent authority on issuing the Business License to decide whether to issue or not issue the Business License. The Inspection Team shall consist of no more than seven members representing the agencies: Public Security, Culture, Construction, and other relevant agencies. Within four working days from the date of establishment, the Inspection Team shall conduct the inspection and issue the inspection results according to Model No. 06 attached to this Decree. Within three working days from the date of issuance of the inspection results, the licensing agency shall issue the Business License according to Model No. 02 attached to this Decree or refuse to issue the Business License. In case of refusal, the reasons must be stated in writing.
4. The competent authority issuing the Business License shall send one copy of the Business License to the enterprise or individual business that has been granted the Business License, the agency issuing the business registration certificate, the public security agency of the district where the business is conducted, and retain one copy of the Business License at the licensing agency and the receiving agency; publish it on the website of the licensing agency."

6. Amending and supplementing certain clauses of Article 12 as follows:

a) To amend and supplement Clause 3 as follows:

"3. Enterprises or individual businesses shall submit directly or through postal service or electronic environment the Application for Adjustment of the Business License according to Model No. 03 attached to this Decree to the licensing agency."

b) Amend and supplement Clause 4 as follows:

"4. In case the submitted documents do not comply with the regulations, the receiving agency shall notify in writing within one working day from the date of receipt requesting completion of the documents."

c) Amending and supplementing Clause 5 as follows:

"5. In case the application file is complete in accordance with the provisions, within three working days from the date of receipt of the application file, the authority issuing the Business License shall examine the application file, establish an Inspection Team in accordance with Clause 3, Article 11 of this Decree for the contents of changes. If there is only a change in ownership, it is not necessary to establish an Inspection Team. Within two working days from the date of establishment, the Inspection Team shall organize the examination and issue the examination result according to Model No. 06 attached to this Decree. Within two working days from the date of the examination result, the authority issuing the Business License shall be responsible for issuing the adjusted Business License according to Model No. 04 attached to this Decree or not issue the Business License. In case the adjusted Business License is not issued, a written response must be given stating the reasons."

7. Amend and supplement Point a, Clause 1, Article 15 as follows:

"a) Violating the business conditions prescribed in Article 4 and Article 5 of this Decree but without causing damage to life, health, or property; in case of violating fire prevention and fighting regulations for karaoke service establishments and discotheques, the license shall be revoked in accordance with Point b, Clause 1, Article 16 of this Decree;"

8. Amend and supplement Point b, Clause 1, Article 16 as follows:

"b) Violating business conditions causing damage to life, health, or property; violating fire prevention and fighting regulations in any of the following cases which have been required to be rectified in writing by the competent authority but not complied with: Not having enough escape routes; rendering escape routes ineffective, preventing fire spread; putting into operation construction works or parts thereof subject to fire prevention and fighting inspection without a written approval of the fire prevention and fighting acceptance results;"

9. Supplement Clause 2a after Clause 2, Article 19 as follows:

"2a. Issue operational regulations for the Inspection Team to issue and adjust Business Licenses at the local level."

Article 2. Replace and supplement the models in the Appendix accompanying Decree No. 54/2019/NĐ-CP

1. Replace Model No. 01 in the Appendix accompanying Decree No. 54/2019/NĐ-CP with Model No. 01 in the Appendix accompanying this Decree.

2. Replace Model No. 02 in the Appendix accompanying Decree No. 54/2019/NĐ-CP with Model No. 02 in the Appendix accompanying this Decree.

3. Replace Model No. 03 in the Appendix accompanying Decree No. 54/2019/NĐ-CP with Model No. 03 in the Appendix accompanying this Decree.

4. Replace Model No. 04 in the Appendix accompanying Decree No. 54/2019/NĐ-CP with Model No. 04 in the Appendix accompanying this Decree.

5. Supplement Model No. 06 after Model No. 05 in the Appendix accompanying Decree No. 54/2019/NĐ-CP as Model No. 05 in the Appendix accompanying this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Transitional Provisions.

a) In case enterprises or individual households have submitted applications for issuance or adjustment of Business Licenses before the effective date of this Decree but have not yet received the licenses, the procedures and formalities shall be applied in accordance with the provisions of this Decree.

b) Enterprises or individual households that have been issued Business Licenses before the effective date of this Decree may continue their operations in accordance with the contents recorded in the issued Business Licenses.

Article 4. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city, and related agencies are responsible for implementing this Decree.