Directive No. 17/2005/CT-TTg On Rectifying Negative Activities in Bars, Karaoke Restaurants, and Nightclubs

DIRECTIVE OF THE PRIME MINISTER

On Rectifying Negative Activities

In Bars, Karaoke Restaurants, Dance Clubs

To manage various forms of service businesses such as bars, karaoke restaurants, dance clubs, hotels, guesthouses, massage parlors, steam baths, etc., the Government has issued several regulatory legal documents, strengthened management agencies at all levels, enhanced inspection and supervision work, and strictly dealt with violations, thus achieving some progress and curbing negative manifestations to some extent.

Since 1999, some business establishments have taken advantage of these types of businesses to operate in disguised forms, causing adverse effects. Negative manifestations and violations have become increasingly serious: operating beyond permitted hours, using music tapes and discs containing prohibited content; organizing nude dancing and pornographic shows; using heroin and ecstasy; turning business premises into places for decadent entertainment; engaging in prostitution or facilitating prostitution; using weapons or hiring bodyguards to commit murders, etc. These negative manifestations erode moral values and lifestyles, negatively impact cultural traditions and national customs, disrupt public security and order, and cause concern and strong reactions from the people.

The root causes of the above situation are due to business owners pursuing improper profits, disregarding laws, ethics, and civic responsibilities; local authorities, especially grassroots levels, have relaxed management, failed to effectively implement post-inspection mechanisms, and not promptly and strictly dealt with violations at the outset. There has been insufficient coordination among levels and sectors in leadership and guidance, failing to fully recognize the significant social and ethical harms caused by these vices, particularly to the younger generation; inadequate handling of a few degenerated and corrupted cadres and party members who indulge in decadence or cover up and facilitate violations; and some legal provisions are not appropriate.

To restore discipline in the field of cultural activities and cultural services, eradicate social evils, the Prime Minister issues the following directive:

1. Temporarily suspend the issuance of Business Registration Certificates for bars, karaoke restaurants, and dance clubs; temporarily halt issuing new Operating Licenses for karaoke and dance clubs nationwide to allow all levels and sectors to review and assess the current operations of existing establishments, thereby developing plans and strengthening measures to manage these service forms. For Operating Licenses that have expired but whose holders had previously committed violations causing adverse effects without having their licenses revoked, they shall not be renewed or replaced with other licenses.

2. The Ministry of Culture and Information shall take the lead, coordinate with the Ministries of Planning and Investment, Labor, Invalids and Social Affairs, Health, Trade, Public Security, Justice; the General Administration of Tourism according to their assigned management functions, immediately carry out the following tasks:

- Guide provincial and municipal People's Committees to plan these service forms, complete within 2005, and compile reports to submit to the Government.

- Review regulations in the Enterprise Law and related specialized legal documents, propose adjustments to inappropriate contents; urgently submit to the Government in the second quarter of 2005 Decrees of the Government on Rules for Cultural Activities and Public Cultural Service Operations, and Decrees of the Government on Administrative Penalties in the Field of Culture and Information.

- Organize investigative and inspection forces to promptly detect and strictly handle violators. For serious or repeated violations,坚决撤销营业许可证，吊销营业执照；对于有犯罪迹象的，必须将案件移交给有权机关追究刑事责任。

- Direct and strengthen hierarchical management towards increasing the authority and responsibility of lower-level units in defining inspection and supervision systems of higher-level management bodies over lower-level ones, identifying the responsibility of heads of management bodies for violations occurring in their jurisdictions, and strictly dealing with degenerated and corrupted officials, civil servants indulging in decadence, or covering up and facilitating violations.

4. Provincial and municipal People's Committees shall direct competent agencies to promptly implement the following tasks:

- Develop planning for bar, karaoke restaurant, and dance club service points in each district, county, town, and city, suitable to the actual needs and conditions of each locality, and send them to the Ministry of Culture and Information for compilation and reporting to the Prime Minister.

- Have regular and proactive implementation plans, while closely coordinating with the Ministries of Public Security, Labor, Invalids and Social Affairs, Culture and Information, and relevant agencies in inspecting, preventing, and eliminating social evils in bars, karaoke restaurants, and dance clubs within their jurisdictions.

- Promote and educate the people to actively participate in anti-social evil campaigns, identify, prevent, and combat illegal acts.

- Promptly reward organizations and individuals with outstanding achievements in detecting, preventing, and handling negative acts in this field.

The Ministry of Culture and Information shall be responsible for monitoring, inspecting, and urging the implementation of this Directive, and promptly report to the Prime Minister.

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