Vietnamese localities can decide on their own whether to reopen karaoke and discos
The focus of the world today is the efforts of countries and international organizations in the prevention and control of the COVID-19 pandemic. It is expected that with the vaccination rate of about 39 million doses of vaccine per day, by the end of the first quarter of 2022, the world can achieve a high immunity rate of 75% of the world population to be vaccinated. The question is how will the economy recover from the impact of the COVID-19 pandemic? Vietnamese localities can decide on their own whether to reopen karaoke and discos.
With flexible adaptation requirements, the Ministry of Culture, Sports and Tourism has issued Official Letter 497/BVHTTDL-VHCS about localities being allowed to decide on their own whether to reopen karaoke and discos under new normal conditions. So what exactly is this rule? For more clarification on this, today, LSX Lawfirm will give you an article about “Vietnamese localities can decide on their own whether to reopen karaoke and discos“, as follows:
Legal grounds
- Official Letter 497/BVHTTDL-VHCS
Localities decide on the reopening of karaoke and discos
On February 14, the Ministry of Health issued an urgent Official Letter No. 628/BYT-DP to respond to the Ministry of Culture, Sports and Tourism for comments on the draft Official Letter on the organization of business activities of karaoke and discotheques; (according to Official Letter No. 353/BVHTTDL-VHCS dated January 28). According to the Ministry of Health, the resumption of karaoke and discotheque business activities should be based on the results of the assessment of the disease level in each locality. In addition, in the locality where karaoke services are provided, discos need to have a backup plan; to respond to possible epidemic situations.
Accordingly, the Ministry of Culture, Sports and Tourism proposed that the People’s Committees of provinces and cities based on the results of the assessment of the disease level according to the guidance of the Ministry of Health in each locality and region develop and organize the implementation of the plan. reopening business activities of karaoke services, and discotheques. Guide the conditions to ensure safety, and prevent and control the epidemic before organizing the resumption of karaoke and discotheque services.
How is the act of singing karaoke considered disorderly?
On December 16, 2010, the Minister of Natural Resources and Environment issued Circular 39/2010/TT-BTNMT stipulating national technical regulations on the environment. Accordingly, the National Technical Regulation on Noise QCVN 26:2010/BTNMT promulgated together with this Circular stipulates the maximum limits of noise levels in areas normally inhabited and operated by people. working and working, including apartment buildings, separate or adjacent houses, hotels, motels, and administrative offices. Specifically:
The time from 6 am to 9 pm is 70dBA;
The time between 9 pm and 6 pm is 55dBA.
In special areas, the maximum limit is:
The time from 6 am to 9 pm is 70dBA;
The time from 9 pm to 6 pm is 45dBA.
Thus, it can be understood that the act of singing karaoke causes noise; disorder when the loudness of the sound emitted from singing ranges from 55dBA to 70dBA in each specific time frame
Requirements when deciding to reopen karaoke, discos
In Official Letter 497/BVHTTDL-VHCS, the Ministry of Culture, Sports and Tourism requires localities to implement 5 contents when reopening karaoke and discotheque services as follows:
- Develop and organize the implementation of the plan to reopen karaoke and dance hall business activities based on the results of the assessment of the disease level according to the guidance of the Ministry of Health in each locality and region.
- Need guidance on safety conditions; epidemic prevention and control before re-opening karaoke and discotheque services.
- Request business owners to strictly comply with local guidelines on hygiene measures to prevent and control the spread of Covid in karaoke service areas; discotheques (disinfection, ventilation, etc.).
Service participants need to strictly implement 5K, vaccinate in full doses; does not provide services to people who are showing symptoms of Covid such as cough, fever, etc.
- Organize the implementation of the plan for inspection and review of hygiene measures; infection prevention and control at karaoke and discotheque service areas.
- Develop a Contingency Plan for possible epidemic situations in the service area to narrowly zone; not spread to the community (if an outbreak is recorded).
Reopening activities in Hanoi and Ho Chi Minh City
At Hanoi
Currently, Hanoi has not allowed karaoke, bar, and massage service establishments… to operate again. Particularly, in districts with epidemic level 3 (ie orange areas); local authorities often apply administrative measures to limit non-essential activities; request that food service shops are only allowed to sell take-out and close before 9 pm daily… to prevent and control the epidemic.
In Ho Chi Minh City
In a related development, leaders of the People’s Committee of Ho Chi Minh City signed an official letter allowing some types of service businesses to reopen. Accordingly, business establishments of discos, bars; karaoke, dance clubs, and massages are allowed to reopen from 10.1.
However, the condition for the above types to be reopened is to ensure compliance with the set of criteria for assessing safety for COVID-19 prevention and control for each field.
This move was made by Ho Chi Minh City in the context that the vaccination rate for the COVID-19 vaccine reached more than 8 million people who received the first dose (accounting for 112.11% of the population over 18 years old); nearly 7.2 million people received the full dose (accounting for 99.73%).
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Related questions
For violations of the above regulations on noise, the authority to handle administrative violations belongs to the Chairman of the People’s Committees at all levels of the People’s Police according to Articles 68 and 69 of Decree 144/2021/ND-CP. Therefore, when encountering neighbors singing noisy karaoke as above, people can report to the nearest People’s Committee or People’s Police for a quick resolution so as not to affect daily life.
Pursuant to Clause 2, Article 7 of Decree 54/2019/ND-CP stipulating the operating hours of karaoke services are as follows: Article 7. Responsibilities of enterprises and business households when providing karaoke services: – In addition to the responsibilities specified in Article 6 of this Decree, enterprises or business households have the following responsibilities: Not to operate from 0 am to 8 am. Thus, businesses and business households are only allowed to provide karaoke services from 8 am to 24 hours.
According to the provisions of Clause 1, Article 5 of Decree 144/2021/ND-CP. The statute of limitations for sanctioning administrative violations of the act of singing karaoke causing disorder is set for a period of one year.
Conclusion: So the above is Vietnamese localities can decide on their own whether to reopen karaoke and discos. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
