✦ Smart summary
Circular No. 35/2002/TT-BVHTT guides additional provisions on cultural activities and cultural services in public places, including nightclubs, karaoke establishments, non-professional art performances at hotels and restaurants, and public entertainment activities. These activities must comply with conditions regarding content, security and public order, sound levels, and labor management.
Scope of application
Owners of business premises providing cultural services such as nightclubs, karaoke establishments, hotels, and restaurants; non-professional artists; and staff serving at these premises.
Key points
- The owner of a nightclub must have a dance floor of at least 80 square meters and ensure security and public order according to regulations, with a maximum sound level of 60 dB from 6 AM to 6 PM, 55 dB from 6 PM to 10 PM, and 50 dB from 10 PM to midnight.
- A karaoke room must have an area of at least 20 square meters (or 14 square meters for rooms operating before Decree No. 87/CP), equipped with facilities ensuring sound and image quality, and not sell alcohol on-site.
- Non-professional art performances at hotels and restaurants must comply with the regulation of a maximum sound level of 75 dB from 6 AM to 6 PM, 70 dB from 6 PM to 10 PM, and 50 dB from 10 PM to midnight.
- Public entertainment games must be wholesome and not have gambling characteristics.
- Violations of the provisions in this Circular will be subject to administrative penalties or criminal prosecution.
🌐 Social impact of this document
- Positive: Strengthening management of security, public order, and cultural content at business premises providing cultural services.
- Negative: It may cause difficulties for owners in complying with many complex regulations.
❓ Frequently asked questions
What conditions must nightclubs meet to obtain a license?
Nightclubs must have a dance floor of at least 80 square meters, meet fire prevention and firefighting conditions, and the manager must have a secondary specialized degree in culture and arts or higher.
What requirements must karaoke rooms meet?
Karaoke rooms must have an area of at least 20 square meters (or 14 square meters for rooms operating before Decree No. 87/CP), equipped with facilities ensuring sound and image quality, and not sell alcohol.
What requirements must non-professional art performances at hotels meet?
Must comply with the regulation of a maximum sound level of 75 dB from 6 AM to 6 PM, 70 dB from 6 PM to 10 PM, and 50 dB from 10 PM to midnight.
How will violations of the provisions in this Circular be penalized?
Depending on the nature and severity of the violation, the violator will be subject to administrative penalties or criminal prosecution.
When does this Circular take effect?
This Circular takes effect fifteen days after its date of issuance.
Full text
CIRCULAR
Supplementary Guidelines on Certain Provisions Regarding Cultural Activities and Cultural Services in Public Places
issued pursuant to Decree No. 87/CP dated December 12, 1995 of the Government
_____________________________________
Pursuant to Article 3 of Decree No. 87/CP dated December 12, 1995 of the Government, the Ministry of Culture and Information issued Circular No. 05/TT-PC dated January 8, 1996 guiding the implementation of the Regulations on Circulation, Trading of Films, Video Tapes, Audio Tapes; Sale, Rental of Publications; Cultural Activities and Cultural Services in Public Places; Advertising, Signage, issued together with Decree No. 87/CP dated December 12, 1995 of the Government, hereinafter referred to as the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government;
Considering the current practical situation, to enhance the effectiveness of state management, the Ministry of Culture and Information supplements certain provisions regarding cultural activities and cultural services in public places in the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government as follows:
1. Cultural activities and cultural services in public places under this Circular include:
a) Dance club activities.
b) Karaoke activities.
c) Amateur artistic performances at hotels, guesthouses, restaurants, refreshment places, and public places.
d) Public entertainment activities.
2. General provisions:
a) Cultural activities and cultural services must comply with the provisions of the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government, Circular No. 05/TT-PC dated January 8, 1996 of the Ministry of Culture and Information, and this Circular.
b) The program of artistic performances must have good content, aiming to enhance political awareness, ideological understanding, emotions, and aesthetic appreciation for everyone, without violating the provisions of Article 3 of the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government.
c) The venue owner shall be responsible under the law for all activities at the business premises or service facilities they manage, jointly liable if customers sing, dance, perform other forms of art with content violating Article 3 of the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government and points a, b, c, d of Clause 1, Article 7 of Circular No. 05/TT-PC dated January 8, 1996 of the Ministry of Culture and Information.
d) Performers may not arbitrarily change lyrics, dialogue, song content, or program items that have been permitted for circulation. Participants in cultural activities and cultural services in public places must comply with internal regulations and rules on civilized behavior.
3. Licensing conditions and operating conditions for dance clubs:
a) Licensing conditions:
- The dance floor must be at least 80 square meters, ensuring fire prevention and firefighting conditions.2 - The dance floor must be at least 200 meters away from schools, hospitals, research institutes, religious and belief sites outside the radius, except for cases already licensed before the effective date of this Circular.
- The person directly managing the dance floor must have a secondary level or higher qualification in culture and arts.
- Equipment and means of operation of the dance room must ensure sound quality.
b) Operating conditions:
- There must be operating rules publicly posted in a convenient location for easy recognition and compliance by all.
- Tickets cannot be sold exceeding the capacity allowed by design for the dance floor.
- Dance clubs using dancers must have labor contracts and manage dancer activities according to the contract content.
- The dance club owner must ensure security and public order conditions stipulated in Article 4 of Decree No. 08/CP dated February 22, 2001 of the Government on security and public order conditions for certain business sectors with special requirements.
- Sound levels emanating from the dance room must not exceed the national standard maximum noise level "TCVN 5949" measured at windows and doors as follows:
+ From 6:00 AM to less than 6:00 PM not exceeding 60 decibels.
+ From 6:00 PM to less than 10:00 PM not exceeding 55 decibels.
+ From 10:00 PM to midnight not exceeding 50 decibels.
- Lighting in the dance room must have an average brightness of over 10 lux equivalent to one 40-watt incandescent bulb for every 20 square meters.
- Music works used must be those permitted for circulation, with content not violating Article 3 of the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government and points a, b, c, d of Clause 1, Article 7 of Circular No. 05/TT-PC dated January 8, 1996 of the Ministry of Culture and Information.2.
4. Licensing conditions and operating conditions for karaoke services:
- The karaoke room must have a usable area of at least 20 square meters, excluding ancillary structures. For karaoke rooms licensed before the issuance of Decree No. 87/CP dated December 12, 1995 of the Government, the usable area must be at least 14 square meters, ensuring fire prevention and firefighting conditions.
a) Licensing conditions:
- Equipment and means of operation of the karaoke room must ensure color, sound, and image quality.2 - Service staff in the karaoke room must have labor contracts and be managed according to the contract content.2 - Alcohol sales are prohibited in karaoke activity areas.
- The karaoke restaurant owner must ensure security and public order conditions stipulated in Article 4 of Decree No. 08/CP dated February 22, 2001 of the Government on security and public order conditions for certain business sectors with special requirements.
- There must be operating rules publicly posted in a convenient location for easy recognition and compliance by all.
- Sound levels emanating from the karaoke room must not exceed the national standard maximum noise level "TCVN 5949" measured at windows and doors as follows:
- Karaoke tapes and discs used in the karaoke room must bear the control label of the Performing Arts Department and Film Department. If using IC chip players, the list of songs approved for use by the Department of Culture and Information must be stamped red on each page.
5. Amateur artistic performances at hotels, guesthouses, restaurants, refreshment places, and public activity venues:
a) Sound levels emanating from the performance area must not exceed the national standard maximum noise level "TCVN 5949" as follows:
+ From 6:00 PM to less than 10:00 PM not exceeding 55 decibels.
+ From 10:00 PM to midnight not exceeding 50 decibels.
- Lighting in the dance room must have an average brightness of over 10 lux equivalent to one 40-watt incandescent bulb for every 20 square meters.
+ From 6:00 AM to less than 6:00 PM not exceeding 75 decibels.
+ From 6:00 PM to less than 10:00 PM not exceeding 70 decibels.
b) Tickets for amateur artistic performances may not be sold to customers.
+ From 6:00 to under 18:00, not exceeding seventy decibels.
+ From 18:00 to under 22:00, not exceeding sixty-five decibels.
- Lighting in the dance room must have an average brightness of over 10 lux equivalent to one 40-watt incandescent bulb for every 20 square meters.
b) Shall not sell tickets for non-professional artistic performances to customers.
c) Comply with the provisions set forth in Clauses 2, 5, 7, and 8 of Article 20 of the Regulation issued together with Decree No. 87/CP dated December 12, 1995 of the Government, and Points a, b, c, and d of Clause 1 of Article 7 of Circular No. 05/TT-PC dated January 8, 1996 of the Ministry of Culture and Information.
6. Public entertainment activities:
- Games must have wholesome content, meet the public's entertainment needs and enhance their aesthetic appreciation; traditional folk games consistent with national cultural traditions should be encouraged; gambling-type games shall not be organized.
- The organizers of public activities and entertainment events at public places must strictly comply with the provisions stipulated in Article 24 of the Regulation issued together with Decree No. 87/CP dated December 12, 1995 of the Government.
7. Implementation Provisions:
a) Issuance of licenses for karaoke and dance club operations must be based on the planning of each province and centrally-administered city, the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government, Decree No. 08/CP dated February 22, 2001 of the Government, and the guidelines provided in this Circular.
b) Specialized inspection bodies under the Ministry of Culture and Information shall cooperate with relevant agencies to conduct inspections and checks, promptly identify and strictly handle violations in public cultural activities and cultural services according to their authority.
c) Any person violating the provisions of this Circular, depending on the nature and severity of the violation, shall be subject to administrative penalties or criminal prosecution as prescribed by law.
d) This Circular shall take effect fifteen days from the date of signature. During implementation, any difficulties encountered should be reported to the Ministry of Culture and Information for consideration and resolution.
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Relations map
↑ Basis & documents that affect this document
Referenced by 3
05/TT-PC
Thông tư số 05/TT-PC Hướng dẫn thực hiện Quy chế "Lưu hành, kinh doanh phim, băng đĩa hình, băng đĩa nhạc; bán, cho thuê xuất bản phẩm; hoạt động văn hoá và dịch vụ văn hoá nơi công cộng; quảng cáo, viết, đặt biển hiệu" ban hành kèm theo Nghị định 87/CP ngày12/12/95 của Chính phủ
Expired
23/2003/CT-UB
Chỉ thị số 23/2003/CT-UB V/v tăng cường công tác quản lý Nhà nước, phòng chống tệ nạn mại dâm trên địa bàn tỉnh
Not in the system
09/2004/CT-UB
Chỉ thị số 09/2004/CT-UB V/v nghiêm túc thực hiện Pháp lệnh Phòng, chống mại dâm trên địa bàn tỉnh
Not in the system
35/2002/TT-BVHTT
Circular No. 35/2002/TT-BVHTT guiding additional provisions on cultural activities and cultural services in public places pursuant to the Regulations issued together with Decree No. 87/CP dated December 12, 1995 of the Government.
Expired
↓ Documents affected by this document
References 2
Related 1
247/2006/QĐ-UBND
Quyết định số 247/2006/QĐ-UBND Về việc ban hành Quy định tạm thời về phòng, chống các tệ nạn xã hội trong kinh doanh cơ sở lưu trú, nhà hàng ăn uống trên địa bàn tỉnh
Not in the system
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Translations
This document is available in the following languages:
Tiếng Việt
Thông tư số 35/2002/TT-BVHTT Hướng dẫn bổ sung một số quy định về hoạt động văn hoá và dịch vụ văn hoá nơi công cộng tại Quy chế ban hành kèm theo Nghị định 87/CP ngày 12/12/1995 của Chính phủ
한국어
통지 제 35/2002/TT-BVHTT 문화활동 및 공공장소 문화서비스에 대한 일부 규정을 보완하는 지침 정부령 제 87/CP 호 1995년 12월 12일에 발행된 정부결정에 부속된 규정에 따른
中文
通 tư số 35/2002/TT-BVHTT 关于补充文化活动和公共文化产业若干规定的指导，附属于1995年12月12日政府第87/CP号决定发布的章程