Legal basis

• Enterprise Law 2020
• Decree 96/2016/ND-CP stipulating security and order conditions for some conditional investment and business lines

Conditions

Pursuant to Decree 96/2016/ND-CP stipulating security and order conditions for several conditional investment and business lines:

“Article 7. General security and order conditions for all business sectors

1. A business establishment must be registered, licensed, or established under the law of Vietnam.
2. The person in charge of security and order of a business establishment must not be one of the following subjects:

a) Vietnamese citizens:

A person has been criminally prosecuted and being under investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.

A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged, or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation, or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.

A person is liable to the compulsory educational measures at the community; is waiting for a decision on the imposition of an administrative penalty granted; is addicted to the drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;

b) Vietnamese people who hold foreign passports and reside abroad, and foreigners:

A person is not permitted by a competent authority of Vietnam to stay in Vietnam.

3. Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.

Take responsibility according to Article 25. General responsibilities applicable to industries and professions, Decree 96/2016/ND-CP. In addition, enterprises/individuals providing massage services, in particular, must also meet the conditions in Article 30 of this Decree.”

“Article 30. Responsibilities of massage service providers

Apart from responsibilities in Article 25 of this Decree, a massage service provider must:

1. Have a safe place for storing and keeping customers’ jewelry and property.
2. Massage rooms for men must be separated from those for women.”

The procedures

1. Enterprises/Individuals providing services need to prepare dossiers of application for the License on security and order of massage business establishments and submit them to the district-level police offices of the provinces and centrally-run cities. Payment can be made directly, using the postal service or through the portal on the management of investment and business sectors subject to security and order conditions of the Ministry of Public Security.
2. Within 05 working days, if the dossier is complete and valid, the Public Security Authority will grant the business establishment a security and order license. In case the security and order license is not granted, within 04 working days from the date of receipt of the dossier, the police authority must send a written reply to the business establishment, clearly stating the reason.

The dossier

(1) A written application for the Certificate of satisfaction of security and order conditions of the massage business establishment;

(2) A valid copy of one of the following types of documents:

• Certificate of business registration; Certificate of business registration; Investment registration certificate; Certificate of operation registration of the branch or affiliated unit of the enterprise; Certificate of registration of cooperatives and unions of cooperatives; Certificate of registration of branches and business locations of cooperatives and unions of cooperatives; Operation license of a competent Vietnamese state management agency; Certificate of business household registration; the document of establishment or operation permit enclosed with the written notice of tax identification number, for non-business units with revenue;
• If the above documents do not show the investment and business lines, the business establishment must add documents proving the investment and business lines in which the business establishment operates and request it to be recorded in the documents. Certificate of satisfaction of security and order conditions approved by the business registration agency or competent authority

(3) Valid copies of papers and documents proving the assurance of fire prevention and fighting safety conditions for the business area;

(4) A resume enclosed with a judicial record card or a personal statement of the person responsible for security and order of the business establishment.

Note

(1) Within 05 days from the date of commencement of business activities, a written notice enclosed with a copy of the Certificate of satisfaction of security and order conditions must be sent to the police of the commune, ward, the town where the establishment does business;

(2) Implement the quarterly or irregular reporting regime on the security and order situation under the guidance of the Ministry of Public Security;

(3) Within no more than 20 days from the date of commencement of operation, the massage business establishment is responsible for providing the competent police agency with the following documents:

• List of people working in the business;
• A resume and a personal statement of the person responsible for security and order of the business establishment, except for the person named in the Certificate of satisfaction of security and order conditions;
• Map of massage business area.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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