- The nightclub must be established as either an enterprise or a business household.
- The business must ensure compliance with security, order, and fire prevention regulations.
- The dance hall must have a minimum usable area of 80 m², excluding ancillary facilities.
- Door latches must not be installed inside the dance hall, and alarm devices (except fire alarms) are not permitted.
- The business location must be at least 200 meters away from schools, hospitals, religious establishments, places of worship, and historical or cultural sites.
2. Procedures
Step 1: Apply for a Certificate of Enterprise Registration or Business Household Registration in accordance with the Law on Enterprises 2020 and Decree 01/2021/ND-CP.
If opting for an enterprise, financial liability is limited, whereas a business household is personally liable for all business-related financial obligations, not just the assets registered under the business household.
A limited liability structure minimizes financial risks for investors, ensuring personal assets are protected in case of financial difficulties or bankruptcy. Additionally, enterprises can more easily raise capital for business expansion.
Step 2: Obtain Approval for Fire Prevention and Fighting
a. Firefighting Plan Approval by competent authorities
All nightclubs must submit a firefighting plan, which is a mandatory requirement.
The size of the nightclub:
- Under 3 floors or with a total building volume under 1,000 m³.
- 3 floors or more or with a total building volume of 1,000 m³ or more.
- 3 floors or more or with a building volume of 1,500 m³ or more.
The firefighting plan must include:
- An assessment of fire, explosion, and toxic hazards, along with related firefighting conditions.
- A proposal for worst-case fire scenarios and other possible fire situations, analyzing fire progression at various stages.
- A plan for mobilizing firefighting forces and equipment, outlining technical measures, tactical firefighting responses, and emergency procedures.
- The plan must be promptly updated and re-approved by authorities if significant changes occur in the scale, nature, or fire hazard characteristics of the nightclub.
Additionally, on-site fire prevention teams may be required based on the nightclub’s size. Fire safety personnel must be professionally trained and certified.
b. A Fire Prevention and Fighting Design Approval Certificate must be required for nightclubs with 3 floors or more or those with a building volume of 1,500 m³ or more.
This approval serves as a prerequisite for construction design appraisal and obtaining a construction permit.
c. Once fire safety designs are approved, a final fire safety inspection must be conducted before the nightclub can open. The fire prevention and fighting police will conduct the inspection and issue an approval certificate.
Step 3: Environmental Registration (if applicable)
Most nightclub businesses do not require an environmental license, but environmental registration is necessary if the facility:
- Generates 300 kg/day or more of solid waste.
- Produces 5 m³/day or more of wastewater.
- Has a restaurant area of 200 m² or more.
Environmental registration must be completed before obtaining a construction permit (if required) or discharging waste into the environment (if a construction permit is not required).
Step 4: Apply for a Construction Permit (if applicable)
Exemptions may apply to internal repairs or renovations; exterior modifications that do not affect urban architecture, structural safety, or fire safety; repairs or renovations that do not affect the function of use, safety of the load-bearing structure, compliance with approved construction planning, and environmental safety regulations.
Step 5: Apply for a Certificate of Eligibility for Security and Order
Important compliance requirements:
- Within 5 days of commencing business operations, the business must notify the local police with a copy of the Certificate of Eligibility for Security and Order.
- The business must submit quarterly reports to authorities.
- Employees must meet the following conditions: 18 years of age or older, full civil capacity, no history of drug addiction, no ongoing legal investigations or trials, and not currently serving a non-custodial sentence, early prison release, or probation.
- Security and order training must be provided to all security guards and relevant employees.
- At least 30% of security personnel must be employees of a licensed security service company.
Step 6: Apply for additional Business Licenses
a. License for Nightclub Business Operations
Corporate responsibilities include:
- Operating hours: Nightclubs are prohibited from operating between 2:00 AM and 8:00 AM.
- Age restrictions: Entry is not allowed for individuals under 18 years old.
- Performing arts regulations: Any performances must comply with performing arts laws.
b. Certificate of Food Safety Eligibility (if serving food)
Please see our article on the procedure for granting a Certificate of Food Safety Eligibility at the following link: https://1989law.vn/2025/02/09/latest-procedures-for-issuance-of-certificates-for-facilities-meeting-food-safety-conditions/
c. Alcohol and Tobacco Sales Licenses (if applicable)
d. Other relevant licenses may be required depending on the nightclub’s specific activities.
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