Circular No. 54/2006/TT-BVHTT guiding the planning of karaoke restaurants and nightclubs

CIRCULAR

Guidelines for planning karaoke restaurants and nightclubs

Implementing Decree No. 11/2006/NĐ-CP dated January 18, 2006 of the Government on the issuance of the Regulations on cultural activities and public cultural service business operations; Directive No. 17/2005/CT-TTg dated May 25, 2005 of the Prime Minister on rectifying negative activities in bars, karaoke restaurants, and nightclubs; the Ministry of Culture and Information has exchanged and reached consensus with the Ministry of Planning and Investment (document No. 3177/BKH-LĐVX dated May 8, 2006) to provide guidelines for planning karaoke restaurants and nightclubs as follows:

1. Karaoke restaurants and nightclubs referred to in this Circular are establishments engaged in karaoke and nightclub businesses.

2. The planning of karaoke restaurants and nightclubs must be based on the specific needs for economic and social development of the locality from now until 2020, including factors such as population size and density; requirements for preserving and promoting traditional cultural identity; tourism development needs; cultural life demands and conditions of the people in different areas such as cities, towns, rural areas, remote and far-flung regions; conditions ensuring security, public order, and social safety.

3. The location for operating karaoke and nightclub businesses must meet the following conditions:

a. At least 200 meters away from schools, hospitals, religious and belief facilities, historical-cultural relics, administrative state agencies according to Clause 1, Article 32 and Clause 1, Article 38 of the Regulations issued together with Decree No. 11/2006/NĐ-CP, including:

- Schools, hospitals, religious and belief facilities, administrative state agencies currently in operation or already planned for construction;

- Historical-cultural relics that have been classified or discovered and are preparing to be classified.

b. Outside the old town area.

c. Outside residential buildings.

d. Outside streets, squares where large-scale political and social activities are regularly organized in the locality.

đ. Locations where competent authorities can conduct regular inspections and checks.

e. In cities, towns, and urban centers with roads wide enough for fire trucks to enter, at least 4 meters wide.

This Circular takes effect 15 days after its publication in the Official Gazette. Based on the guidelines provided in this Circular, provincial People's Committees and municipal People's Committees directly under the Central Government shall specify specific conditions suitable to the actual situation of each locality and direct the construction and approval of plans within their jurisdiction.

5. The procedures for drafting, reviewing, and approving plans shall be carried out in accordance with the guidelines set forth in Circular No. 05/2003/TT-BKH dated July 22, 2003 of the Ministry of Planning and Investment.

6. Issuance of Business Registration Certificates and Business Licenses in accordance with approved plans shall be conducted in accordance with current regulations.

7. Karaoke restaurants and nightclubs that have obtained Business Licenses before the effective date of this Circular but do not meet all the conditions stipulated in Point 3 of this Circular or are inconsistent with local planning shall continue to operate until the expiration date specified in their existing licenses.

8. The Ministry of Culture and Information, the Ministry of Planning and Investment, and the People's Committees of provinces and municipalities directly under the Central Government shall instruct and organize inspections of the implementation of this Circular and handle violations within their authority./.