Question: Our company is currently operating in the field of commercial and service business. We intend to expand into the nightclub (bar) sector, providing alcoholic beverages and hosting DJ music events. What business lines must we add to our company registration, and what licenses or permits are required to operate legally?
Answer:
Based on the information you have provided, in order for your company to lawfully operate a nightclub (bar) business, two key legal steps must be undertaken:
1. Register the additional business line in the Enterprise Registration Certificate (ERC)
- Business lines to be added:
+ VSIC Code 5630: Beverage service activities
+ VSIC Code 9329: Other amusement and recreation activities not elsewhere classified (applicable if DJ performances, dancing, or nightclub activities are organized)
- Required documents for business line registration amendment:
+ Notice of changes to enterprise registration details;
+ Resolution, Decision, and Minutes of the Members’ Council/General Meeting of Shareholders regarding the addition of business lines;
+ Power of attorney for the person submitting the application (if any).
- The application must be submitted to the Business Registration Office where the company’s head office is located (submission can be made either in person or online)
- Processing time: Within 3 working days, the Business Registration Office will issue a Confirmation of Changes to the Enterprise Registration Certificate reflecting the newly added business lines.
2. Application for the Certificate of Eligibility for Nightclub (Bar) Business Operations
- Conditions for operating a nightclub business (Article 5 of Decree No. 54/2019/ND-CP)
- Must be an enterprise or household business lawfully established in accordance with Vietnamese law.
- Must satisfy the requirements on fire prevention and fighting, as well as social security and public order, in accordance with Decree No. 96/2016/ND-CP and Decree No. 56/2023/ND-CP of the Government.
- Each nightclub room must have a usable floor area of at least 80 square meters (excluding ancillary works).
- No internal door latches or alarm devices (except for fire alarm systems) may be installed inside the nightclub room.
- The business premises must be located at least 200 meters away from schools, hospitals, religious establishments, spiritual facilities, and historical-cultural relics.
Note: Enterprises may only operate nightclub services after being granted a Certificate of Eligibility for business operations.
- Required documents for issuance of the Certificate of Eligibility
- Application form for the Certificate of Eligibility for business operations (Form No. 01 attached to the Decree).
- A certified true copy or a copy presented with the original for comparison of the Certificate of eligibility for security and order.
- Procedure for issuance of the Certificate of Eligibility
Step 1: Submit the application directly, by post, or via the electronic portal to the competent licensing authority.
Step 2: If the application is incomplete or invalid, the authority will provide feedback within 01 working day from the date of receipt.
Step 3: If the application is valid, within 03 working days, the competent authority will establish an inspection team to conduct an on-site assessment of the business location.
Step 4: Within 04 working days from the date of establishment, the inspection team will carry out the inspection and issue an inspection result.
Step 5: Within the following 03 working days, the competent authority will issue a decision to either grant or deny the license. If the license is denied, a written response specifying the reason must be provided.
