Circular No. 69/2006/TT-BVHTT guiding the implementation of certain provisions on operating nightclubs, karaoke establishments, and electronic game services as stipulated in the Regulation on Cultural Activities and Public Cultural Service Business issued together with Decree No. 11/2006/NĐ-CP.

CIRCULAR

Guidelines for implementing certain provisions on operating nightclubs, karaoke establishments, and electronic game services as stipulated in the Cultural Activities and Public Cultural Service Business Regulations issued together with Decree No. 11/2006/NĐ-CP.

These regulations pertain to cultural activities and public cultural service business operations.

Implementing Decree No. 11/2006/NĐ-CP dated January 18, 2006, issued by the Government on the Cultural Activities and Public Cultural Service Business Regulations, the Ministry of Culture and Information has reached consensus with the Ministry of Planning and Investment (document No. 6049/BKH-LĐVX dated August 16, 2006) and hereby issues this Circular to provide guidance on implementing certain provisions regarding nightclub, karaoke, and electronic game business operations as follows:

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1. Organizations and individuals engaged in nightclub, karaoke, and electronic game businesses (hereinafter referred to as business operators) must comply with the provisions of the Enterprise Law dated November 29, 2005, meet the conditions set forth in the Regulations issued together with Decree No. 11/2006/NĐ-CP (hereinafter referred to as the Regulations); when operating, they must adhere to the provisions of the Regulations.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

2. The business license stipulated in the Regulations replaces the Professional Practice License stipulated in the Regulations issued together with Decree No. 87/CP dated December 12, 1995. From the date Decree No. 11/2006/NĐ-CP takes effect, competent authorities issuing licenses shall use the Nightclub Business License and Karaoke Business License uniformly according to the model attached to this Circular.

3. Administrative agencies stipulated in Clause 1 Article 32 and Clause 1 Article 38 of the Regulations include state management agencies, political organizations, socio-political organizations at all levels, police camps, military camps; international organizations, embassies, consulates of foreign countries.

4. Schools stipulated in Clause 1 Article 32 and Clause 1 Article 38 of the Regulations refer to kindergartens, nursery schools, primary schools, secondary schools, high schools within the national education system.

5. Electronic game business operations stipulated in the Regulations do not include electronic games with prizes for foreigners as specified in Decision No. 32/2003/QĐ-TTg dated February 27, 2003, issued by the Prime Minister.

1. Tourist accommodation facilities recognized with star ratings or high-class ratings engaging in nightclub and karaoke businesses do not need to apply for a business license as stipulated in Clause 3 Article 66 of the Tourism Law dated June 14, 2005, but must meet the conditions stipulated in Article 32 for nightclub operations and the conditions stipulated in Clauses 1, 2, 3, 4, and 6 of Article 38 of the Regulations for karaoke operations; the karaoke business conditions stipulated in Clause 5 of Article 38 of the Regulations shall be implemented in accordance with Clause 3 of Article 15 of the Enterprise Law.

II. SPECIFIC PROVISIONS

2. Direct room managers at dance halls must have a college-level qualification in cultural arts as stipulated in Clause 2 Article 32 of the Regulations, including performing arts, fine arts, cinema, mass culture, and cultural management.

3. The door of karaoke rooms stipulated in Clause 3 Article 38 of the Regulations must be a clear glass door: if there is a frame, it cannot exceed two vertical frames and three horizontal frames; the frame area cannot exceed 15% of the door area.

4. The distance of 200 meters or more stipulated in Clause 1 Article 32 and Clause 1 Article 38 of the Regulations is measured from the entrance of the dance hall or karaoke room to the gate of schools, hospitals, religious and belief sites, historical and cultural relics, administrative agencies. This distance only applies in cases where the school, hospital, religious and belief site, historical and cultural relic, or administrative agency existed before the business operator registered their business or applied for a business license.

5. The distance of 200 meters or more stipulated in point a, Clause 1 Article 43 of the Regulations is measured from the entrance of the electronic game shop to the gate of primary schools, secondary schools, and high schools.

6. The location of karaoke businesses in residential areas must obtain written consent from adjacent households as stipulated in Clause 5 Article 38 of the Regulations, which is understood and implemented as follows:

a) Adjacent households are those whose house walls are directly adjacent to the karaoke room wall or whose land is adjacent to the karaoke room wall with less than 5 meters between the house wall and the karaoke room wall.

b) Adjacent households have the right to agree to the karaoke business operator in cases where the household was residing there before and the business operator applied for a business license later.

In cases where the business operator has already obtained a business license before the adjacent household built or moved into the house, the adjacent household does not have the rights stipulated in Clause 5 Article 38 of the Regulations.

c) The written consent of adjacent households must be confirmed by the People's Committee of the commune, ward, or town where the business is located, submitted by the applicant in the application dossier, and remains valid throughout the duration of the business operator's authorized business period as stated in the license.

d) If adjacent households do not provide written consent but also do not object, it is considered that they have no opinion, and a document confirming that adjacent households have no opinion must be provided. This document is understood as adjacent households not exercising the rights stipulated in Clause 5 Article 38 of the Regulations.

7. All cases of renewing, changing, or reissuing business licenses for nightclubs and karaoke establishments must meet the conditions stipulated in the Regulations and the guidelines set out in this Circular.

8. Application procedures and documents for obtaining a karaoke or nightclub business license:

Applicants for a nightclub business license submit the application for a business license to the Department of Culture and Information; applicants for a karaoke business license submit the application for a business license to the Department of Culture and Information or the licensing authority at the district level according to the classification of the provincial or centrally-administered municipal People's Committees.

The application includes:

- Application form for a business license (Form 1, Form 3).

- Contract between the applicant for a business license and the direct manager of the dance hall operation, accompanied by a certified copy of the manager's certificate (for nightclub operations).

- Written consent from adjacent households or a document confirming that adjacent households have no opinion (for karaoke operations).

The licensing authority is responsible for inspecting the actual conditions of the business license applicant and comparing them with the planning to issue the license (Form 2, Form 4).

The licensing authority is responsible for inspecting the actual conditions of the applicant for a business license and comparing them with the master plan to issue the permit (Form 2, Form 4).

9. The following subjects shall only operate until the expiry date specified in their Business License (Professional Practice Permit) already issued:

a) Clubs that have been granted a Professional Practice Permit for nightclubs in accordance with Decree No. 36/CP dated June 19, 1996 of the Government.

b) Karaoke rooms with an area from 14 square meters to less than 20 square meters that have been granted a Professional Practice Permit in accordance with Decree No. 36/CP dated June 19, 1996 of the Government.

c) Nightclubs and karaoke restaurants that have been granted a Business License before the effective date of Decree No. 11/2006/NĐ-CP but are within 200 meters of schools, hospitals, religious or belief facilities, historical and cultural relics, administrative agencies, or are not in compliance with the planning for nightclubs and karaoke approved by the People's Committee of provinces and centrally-run cities in accordance with Clause 4, Article 32, Clause 6, Article 38 of the Regulation and Points 2 and 4 of Directive No. 17/2005/CT-TTg dated May 25, 2005 of the Prime Minister.

10. The following subjects must cease operations:

a) Cease operations from the date this Circular becomes effective:

Karaoke rooms with an area from 14 square meters to 20 square meters in tourist accommodation establishments rated one star or higher that have been granted a Business Registration Certificate before the effective date of Decree No. 11/2006/NĐ-CP.

b) Cease operations from the date the Decision approving the planning for nightclubs and karaoke of the People's Committee of provinces and centrally-run cities becomes effective for nightclubs and karaoke rooms in tourist accommodation establishments rated one star or higher that have been granted a Business Registration Certificate before the effective date of Decree No. 11/2006/NĐ-CP but are not in compliance with the planning for nightclubs and karaoke approved by the People's Committee of provinces and centrally-run cities in accordance with Clause 4, Article 32, Clause 6, Article 38 of the Regulation and Points 2 and 4 of Directive No. 17/2005/CT-TTg dated May 25, 2005.

11. For foreign-invested enterprises that have been granted an Investment License for nightclubs, karaoke, and electronic games, the duration and location of operation for nightclubs, karaoke, and electronic games shall be carried out in accordance with the provisions of the Investment License already issued.

III. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Attached to this Circular are the following forms: Application Form for a Business License for Nightclubs (Form 1), Business License for Nightclubs (Form 2), Application Form for a Business License for Karaoke (Form 3), Business License for Karaoke (Form 4).

3. Businesses that fail to meet the conditions for operation stipulated in the Regulation must cease operations; those who violate regulations must be subject to administrative penalties in accordance with Decree No. 56/2006/NĐ-CP dated June 6, 2006 of the Government; Business Registration Certificates or Business Licenses already issued to businesses that fail to meet the conditions for operation must be revoked in accordance with the law.

4. Responsibilities of the Ministry of Culture, Sports and Tourism, the Ministry of Planning and Investment, and the People's Committees of provinces and centrally-run cities:

a) The Ministry of Culture, Sports and Tourism is responsible for directing the issuing authorities to issue licenses in accordance with the provisions of the Regulation and the guidance provided in this Circular; directing the Ministry Inspectorate and provincial Departments of Culture, Sports and Tourism to organize inspections and supervision or to coordinate with relevant sectors to organize inspections and supervision to detect and handle violations in the issuance of permits and in the operation of karaoke, nightclubs, and electronic games within their jurisdiction.

b) The Ministry of Planning and Investment shall coordinate with ministries, sectors, and provincial people's committees to guide registration authorities to issue Business Registration Certificates for karaoke, nightclubs, and electronic games in accordance with the Enterprise Law and related implementing documents.

c) The People's Committees of provinces and centrally-run cities are responsible for directing competent agencies at the provincial level and district-level people's committees in issuing Business Registration Certificates and Business Licenses; directing inspections, supervision, and handling of violations in the operation of karaoke, nightclubs, and electronic games within their jurisdiction.

5. During implementation, if there are any difficulties, localities need to promptly reflect them to the Ministry of Culture, Sports and Tourism and the Ministry of Planning and Investment for research and resolution.

DEPUTY MINISTER
DEPUTY MINISTER

         (Signed)

     Do Quy Doan