PROCEDURES FOR LICENSE FOR BUSINESS OF KARAOKE SERVICES

PROCEDURES FOR LICENSE FOR BUSINESS OF KARAOKE SERVICES

PROCEDURES FOR LICENSE FOR BUSINESS OF KARAOKE SERVICES

 

Currently, in the provinces and cities, there are frequent fires and explosions at karaoke business establishments, causing great loss of human and property. And when the appropriate authorities conduct the inspection, many operations do not have operating licenses or have violations compared to the content described in the operating licenses. What are the conditions and procedures to be granted a business license for karaoke services? Within the scope of this article, DTD will help you clarify more about how to get a license to operate a karaoke service.

1. Legal basis

- Decree no. 54/2019/ND-CP guidelines on operation of karaoke venues and nightclubs.

- Decree no. 96/2016/ND-CP providing security and order conditions for a number of conditional business sectors.

- Decree no. 38/2021/ND-CP prescribing penalties for administrative violations involving cultural and advertising activities.

2. Karaoke business conditions 

    According Article 4 Decree no. 54/2019/ND-CP, Karaoke business conditions include:

(i) Be an enterprise or household business that is established as specified by regulations and law

(ii) Ensure fire safety, public security and order as specified in Decree 96/2016/ND-CP on security and order conditions for a number of conditional business sectors.

(iii) About facilities: Have singing rooms with usable areas of 20 square meters or larger, excluding the auxiliary works. Simultaneously, ensure no door locks or alarming devices (except fire alarm) are installed inside the singing rooms.

3. Operating license application

- Application Form 01 in the Appendix issued together with Decree no. 54/2019/ND-CP.

- A certified true copy or the copy presented with the original Certificate of eligibility for security and order.

4. Operating license issuance procedure

Step 1: Submit your application

Enterprises or business households can (i) send directly to the dossier-receiving and result-delivering section; or (ii) by post to the dossier-receiving and result-delivering section  to the licensing agency that is eligible for business, namely the State Administration of Culture under the Provincial People's Committee (Department of Culture, Sports and Tourism/ Department of Culture and Sports); or (iii) online on the public service portal of the city/province 01 set of the above documents.

Step 2: Settlement of application

(i) If the application does not meet the regulations, within 01 working day from the day in which it is received, Department of Culture, Sports and Tourism/ Department of Culture and Sports  will issue a request for the completion.

(ii) If the application meets the regulations, within 05 working days from the day in which it is received, Department of Culture, Sports and Tourism/ Department of Culture and Sports will process and conduct an on-site inspection for conditions in accordance with the law and issue an Operating license. If the application is rejected, provide a response and explanation.

Step 3: Get the result

    Department of Culture, Sports and Tourism/ Department of Culture and Sports  shall send this license as follows: 01 copy shall be sent to the applicant and uploaded on the licensing authority’s online portal.

5. The administrative sanctions

As known, an operating license is a mandatory condition when an enterprise or household business does business in karaoke services.

Accordingly, at Point a, Clause 7, Article 15 of Decree No. 38/2021/ND-CP, imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for rendering karaoke services without licenses or permits that are legally required. In addition, the owner of the karaoke business must also return the illegal profits obtained from  commission of the violations.

To facilitate further consultation, the Client can contact DTD's legal team directly. Thank you! 

 

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