Linji gwida biex torganizza esperjenza fil-Belt ta' Ho Chi Mihn
These information pages can help you get started in learning about some of the laws and registration requirements that may apply to your experiences on Airbnb. These pages include summaries of some of the rules that may apply to different sorts of activities, and contain links to government resources that you may find helpful.
Please understand that these information pages are not comprehensive, and are not legal advice. If you are unsure about how local laws or this information may apply to you or your experience, we encourage you to check with official sources or seek legal advice.
Please note that we don’t update this information in real time, so you should confirm that the laws or procedures have not changed recently.*
experiences involving food in Ho Chi Minh City
What are some of the basic principles?
Your guest’s health and safety should always come first. For example, here’s what host Alissa recommends: “I always make sure that my kitchen is spic and span, that I only use fresh ingredients and that I tell my guests about the ingredients I use. I also ask my guests in advance about any food allergies they may have and religious or philosophical codes that I need to keep in mind when I prepare a meal to share with them."
It would also be a good idea to take your guests to (or otherwise serve them food from) reputable restaurants, or reputable professional caterers who keep clean facilities and use fresh ingredients.
My experience will involve serving food to guests at home for commercial sale. Am I likely to be considered a catering service establishment? Do I need any licence or certification?
If your experience involves you serving meals at home for commercial sale (i.e. you receive a fee for serving food), your home may be considered a catering service establishment under the Law on Food Safety. A catering service establishment is defined as a “food-preparing facility, such as a shop or stall trading in ready-to-eat food and cooked food restaurants, a facility preparing ready-to-eat food portions, a canteen or a collective kitchen”. “Food” includes drinks and beverages.
You will not need a Certificate of Eligible Facilities for Food Safety if your food activity is carried out on a “household scale”. A certificate is required only if the food activity is carried out on a large scale. However, as there is no clear definition of “household scale”, you are encouraged to check with the People’s Committee of your district whether your activity would qualify for this exemption.
Here are examples of where you will not be considered to be operating a catering service establishment:
- I am a foodie and I take guests to my favourite local restaurant.
- I would like to take guests along to a festival and we will have food prepared by licensed providers.
Certificate of Eligible Facilities for Food Safety
If you do require a Certificate of Eligible Facilities for Food Safety, and your catering service establishment has a scale of less than 200 servings per time of serving, this may be obtained from the People’s Committee of your relevant district. (For example, for District 1, the application form for this Certificate may be obtained from and submitted to the People’s Committee of District 1.) More information is available here.
Note that you will also be required to obtain a Certificate of Eligible Facilities for Food Safety if you are operating as a company (please also see the business licensing section) or running a restaurant (in which case you would be a large-scale catering service establishment).
Please note that if you operate your premises as a catering service establishment without the Certificate of Eligible Facilities for Food Safety when you do in fact need one, you may be liable to pay a fine of between VND 500,000 to 1,000,000 (approximately USD 22.50 to 45).
Apart from obtaining a Certificate of Eligible Facilities for Food Safety, are there any regulations or guidelines I must comply with?
Yes. As a catering service establishment (whether or not you require a Certificate of Eligible Facilities for Food Safety), the Law on Food Safety requires you to ensure that the following regulations are met:
- your kitchen should be arranged in a way to ensure unprocessed and processed food is not cross-contaminated;
- there is sufficient technically qualified water (as required by the National Technical Regulations) for food processing and trading;
- there are hygienic devices for collecting and containing garbage and waste;
- the sewers in the kitchen must be drained without any stagnancy;
- the eating rooms are airy, cool, sufficiently lit and kept clean, and have equipment to prevent insects and harmful animals;
- there are food preservation equipment, and toilets, waste and garbage are collected daily;
- there are separate utensils and containers for raw and cooked food;
- the safety and hygiene of cooking and processing utensils;
- tableware is being made of safe materials and kept clean and dry;
- compliance with regulations on health, knowledge and practices of persons directly engaged in food production and trading;
- use of safe food and food materials of clear origin, and retain food samples; and
- processing food safely and hygienically.
You should note that violations of any of the aforementioned regulations could result in a fine ranging from VND 300,000 to 10,000,000 (approximately USD 13.50 to 450) for each violation.
experiences involving alcohol in Ho Chi Minh City
I plan to serve/ provide alcohol as part of my experience – do I need any licences for that?
If you purchase beverages containing drinking alcohol (other than beer) from wholesalers and sell them directly to the guests, you may be considered to be engaged in alcohol retailing (under Decree No. 94/ 2012/ ND-CP), and will be required to obtain an alcohol trading licence from the Department of Industry and Trade.
However, an exception applies where your experience involves selling the alcohol to guests to be consumed there and then on the premises (e.g. your home), and the alcohol is not brought outside the premises. In this case, you will not require an alcohol trading licence. However, you may be required to notify the relevant industry and trade authorities of the sale of alcohol to your guests prior to the consumption at your home. As the notification process has not yet been statutorily prescribed, do contact your local authority (the Department of Industry and Trade of Ho Chi Minh City) for guidance on notification requirements.
If the “consumed there and then” exception does not apply to you and you require an alcohol trading licence, note that one of the conditions of an alcohol trading license is that you must clearly display the license at your premises, as well as the types and prices of the alcohol that you are selling. More information is available on the Department of Industry and Trade website.
If the alcohol you are providing is beer, it is unlikely that you will require an alcohol trading licence.
In any case, please note that regardless of the type of alcohol you are providing, you will still need to comply with the relevant legislation and regulations under the Law on Food Safety if you are considered a catering service establishment (although you will not require a certificate if you operate on a “household scale”. Please also see our information page on experiences involving food.).
What if my experience takes place at a bar?
It is unlikely that you will need an alcohol trading licence in this case.
What if my experience is BYOB, and I want to allow guests to bring their own alcohol?
You will not require a licence if guests bring their own alcohol. However, it is best to confirm the position with your local licensing authority based on your specific experience.
I brew my own beer or produce my own wine. What do I need to keep in mind?
If you brew your own beer, you will be required to obtain a Certificate of Eligible Facilities for Food Safety (see further Circular No. 58/2014/TT-BCT, and also our information page on experiences involving food). If your brewing scale is less than 3 million litres per year, you may obtain this certificate from your local Department of Industry and Trade (in this case, the Department of Industry and Trade of Ho Chi Minh City).
If you produce your own wine on a small scale and without using industrial equipment, you will be required to obtain a License for Small-Scale Wine Production (under Decree No. 94/2012/ND-CP). “Small scale” is defined as the production of wine using traditional instruments such as copper boilers, pipers, freezers, etc. at a small scale, carried out by households, organisations and individuals. The application form for this licence may be obtained from, and submitted to, the People’s Committee of your local district.
You are encouraged to check with the Department of Industry and Trade and your People’s Committee on the requirements applicable to you if you intend to produce your own alcohol.
If my experience involves alcohol, do I need to watch out for anything else?
Yes, you should ensure that guests are above the minimum drinking age and be mindful of advertising restrictions.
Minimum age: The minimum drinking age in Vietnam is 18, and it is an offence to serve or sell alcohol to persons under the age of 18.
Advertising: Advertising alcohol with alcohol content of 15% or more is prohibited.
Guiding tours in Ho Chi Minh City
When am I likely to be considered to be conducting a tourism business in Vietnam?
You are likely to be considered to be conducting a tourism business in Vietnam under the Law on Tourism if you run a:
- travel business;
- tourist accommodation business;
- tourist transportation business;
- business in development of tourist resorts or tourist spots; or
- business in other tourist services.
“Travel business” is broadly defined and means the formulation, sale and organisation of a part or whole of a tour programme for tourists. A “tour programme” in turn comprises an itinerary and services at a tour price which has been fixed in advance for a tourist’s trip from its beginning to the end.
Tourists means people who travel for tourism, and can include both Vietnamese and foreigner visitors.
Here are some examples of when you are likely to be considered to be conducting a tourism business:
- I take a guest to visit museums (e.g., War Remnants Museum), key historical places of interest (e.g., Independence Palace) or certain city attractions (e.g. Ben Thanh Market and other markets).
- I take a guest to an amusement park (e.g., Dam Sen Water Park) or the Saigon Zoo, and I receive payment in addition to the expenses for ticket costs.
- I take a guest for an outdoor activity at a key place of interest, such as a guided sightseeing hike at a national park.
Here are some examples of when you are not likely to be considered to be conducting a tourism business:
- I invite paying guests to enjoy a traditional Vietnamese meal prepared in my home.
- I hold a cooking class on traditional Vietnamese cuisine for guests in my home or in a licensed restaurant.
- I hold a yoga class for guests in my home or private studio.
It would be a good idea to approach the Department of Culture, Sports and Tourism for clarification whether your experience would be considered as conducting a tourism business.
What if I am considered to be conducting a tourism business in Vietnam: Do I need to register as a tourism business? How do I do so?
If you are running a tourism business which receives money from guests for the experience or Trip, you will need to register with the Department of Culture, Sports and Tourism as an operator of a tourist enterprise.
In addition, if you are running a travel business and where your guests are foreigners (and who do not reside permanently in Vietnam), you will require an international travel business licence. Documents required for registration are:
- the application form for an international travel business licence;
- a copy of the Enterprise Registration Certificate of your enterprise to carry out the travel business (also see our business licensing section);
- the operational plans for your international travel business;
- evidence of at least 4 years’ experience in travel operations;
- copies of the tourist guide cards and labour contracts of at least 3 employed tourist guides who are duly accredited; and
- a certificate evidencing placement of a deposit of at least VND 500,000,000 (approximately USD 22,500) for the purpose of securing the obligations of your business.
The administrative fee for obtaining the international travel business licence is VND 2,000,000 (approximately USD 90).
If you are considered to be an operator of a tourist enterprise but fail to register with the Department of Culture, Sports and Tourism as such, and/or if you run a travel business without an international travel business licence, you may be subject to a fine of VND 20,000,000 to 25,000,000 (approximately USD 900 to 1,125). You may also be required to surrender all profits earned from the activities conducted as an unregistered or unlicensed tourist enterprise, as the case may be.
When am I likely to be considered to be a tourist guide in Vietnam?
In addition to operating a tourism business, you may also be considered to be a tourist guide. You are a tourist guide if you guide tourists under a “tour programme”.
What if I am considered to be a tourist guide in Vietnam: what do I need to know?
Please note that as a tourist guide, you will not be able to independently conduct your experience. You will have to be affiliated to a tourist enterprise, and the experience will be organized through the tourist enterprise.
If you intend to be a tourist guide, you must register for a tourist guide card from the Department of Culture, Sports and Tourism. You will require an international tourist guide card if your guests are foreigners and a local tourist guide card if your guests are locals. To register, you must be of Vietnamese nationality, reside in Vietnam and have full capacity under the Civil Code. The following documents are required for registration:
- the application form for an international tourist guide card;
- a copy of a bachelor’s degree or higher in tourist guiding, or a tourist guide professional skills certificate issued by a competent training establishment;
- a copy of evidence of proficiency in at least one foreign language other than Vietnamese;
- curriculum vitae attested by the Peoples’ Committee or agency where you are working at;
- a health certificate issued by a competent health establishment (in particular, the Law on Tourism requires that a tourist guide must have not have any contagious diseases and must not be using addictive substances); and
- 2 passport sized photographs.
The administrative fee for obtaining the international tourist guide card is VND 650,000 (approximately USD 30).
If you operate as a tourist guide without a tourist guide card, you may be subject to a fine of VND 5,000,000 to 10,000,000 (approximately USD 225 to 450). In addition, if you operate as a tour guide without contracting with a tourist enterprise, you may be subject to a fine of VND 3,000,000 to 5,000,000 (approximately USD 135 to 225). You may also be required to surrender all profits earned from the activities conducted as an unlicensed tourist guide.
What if I am running a travel business and already registered as a tourist enterprise – do I need to engage a licensed tourist guide?
If you are running a travel business and require an international travel business licence (see above), you will need to employ at least 3 tourist guides who are licensed with a tourist guide card.
In addition, even if you are the operator of a tourist enterprise, if you intend to personally guide your guests, you will additionally require a tourist guide card in order to do so.
My experience involves outdoor activities – are there regulations I need to comply with?
You should keep a watch out for specialised regulations that may be passed by Peoples’ Committees of the relevant districts or other authorities from time to time. It would be a good idea to approach the relevant local licensing authority or Peoples’ Committee for updates.
My experience involves going to a nature reserve or national park – are there regulations I need to comply with?
You should keep a watch out for specialised regulations that may be passed by the relevant authorities from time to time, which may restrict or prevent tours in certain nature reserves. For instance, the Ministry of Natural Sources and Environment has prohibited sightseeing tours in certain designated wetland reserves. You should consult your relevant local licensing authority or Peoples’ Committee on whether any special regulations apply to your experience.
experiences involving transportation in Ho Chi Minh City
I’m planning to drive my guests to and from my experience in Vietnam by my private car – do I need a licence or registration to allow me to do this?
You will at minimum need the basic requirements to drive a car in Vietnam, which are:
- a valid driving licence (the class of driving licence would depend on the type of car you are driving);
- the vehicle registration paper;
- a technical safety and environmental protection inspection certificate for cars; and
- a vehicle owner’s civil liability insurance certificate. This is a compulsory civil liability insurance taken out by the vehicle owner which covers loss of life, bodily or property damage to third parties and passengers.
In addition, if you provide transport for payment, you may be considered to be engaging in commercial road transportation, which is a conditional line of business requiring registration. Under the commercial road transportation framework, you may in particular be considered to be operating commercial passenger transportation and/or tourist transportation businesses, for which you must register under the relevant business line(s), as well as comply with applicable rules under the Law on Road Traffic and/or the Law on Tourism (see further below).
While this page provides some information on commercial passenger transportation and tourist transportation businesses, you are encouraged to check with the Department of Transportation of your province/ municipality (for Ho Chi Minh City, this is the Department of Transportation of Ho Chi Minh City) on whether your specific activity would fall under these categories.
Commercial passenger transportation
Under the Law on Road Traffic, if you intend to provide commercial passenger transportation along fixed routes with identified departure and destination stops according to given schedules and itineraries (VSIC 4931), you must first register a business household, enterprise or cooperative (note that a cooperative must have at least 7 members) to carry out this business line. (also see the business licensing section)
In addition to the business registration, you will need to register and obtain a Transportation Permit from the Department of Transportation of Ho Chi Minh City. The application for the Transportation Permit may be submitted in person to the Department of Transportation or by post.
To provide commercial passenger transportation, your business will also have to comply with relevant conditions prescribed by the Law on Road Traffic, including employing and training drivers to operate your vehicles, implementing a transport safety plan and ensuring the quality and use life of your vehicles. In addition, please note that the person who is operating the vehicle “must not be a driver or service personnel” of the business. This suggests that if you are the person who owns the business which operates the transport activity, you cannot be the person who is driving the vehicle.
You will need the following documents to apply for a Transportation Permit (Decree No. 86/2014/ND-CP ):
- the application form for the Transportation Permit;
- a certified true copy of the business registration certificate;
- a certified true copy of the diploma or certificate of the operator of the transportation business; and
- a Transportation Business Plan.
The administrative fee for obtaining the Transportation Permit is VND 200,000 (approximately USD 9). The Transportation Permit is valid for 7 years and is renewable. Please note that if you drive your guests without a Transportation Permit when you do in fact need one, you may be liable to pay a fine of VND 7,000,000 to VND 20,000,000 (approximately USD 315 to USD 900).
If you intend to operate a business providing (i) transportation services for tourists along tourist routes according to tour programs and at tourist resorts, spots and cities, or (ii) transportation services without fixed routes carried out under tour programs, you will be considered as operating a tourist transportation business (VSIC 4932). (Please also see our guiding tours information.)
You will need to register as an enterprise to operate a tourist transportation business (also check the business licensing section). As a tourism transport business, you will also have to comply with the requirements for commercial passenger transportation, including obtaining a Transportation Permit and complying with the relevant conditions under the Law on Road Traffic (see above).
In addition, you will need to comply with the relevant conditions under the Law on Tourism and Law on Road Traffic (available at Decree No. 86/2014/ND-CP) that apply to tourist transport businesses. These include obtaining a logo from the Department of Transportation, employing trained drivers, taking measures to ensure the safety of your passengers, as well as carrying a copy of the written passenger contract, tour program and list of passengers during the journey. If your vehicle has a payload of 10 or more passengers, you will also have to notify the Department of Transportation of the details of the transport, including the itinerary and number of passengers. If you intend to cover a distance of 300km or more on your experience, your business must have a minimum fleet of 10 cars (assuming your head office is located in a centrally-run city) or 5 cars (for other localities).
As a tourist transportation business, your enterprise must also purchase additional passenger insurance for guests on your vehicles.
I’m planning to drive my guests to and from my experience in Vietnam by my motorcycle – do I need a license or registration to allow me to do this?
You will need the basic requirements to operate a motorcycle in Vietnam, which are:
- a valid driving license (A1 or A2, subject to the type of motorcycle);
- the vehicle registration paper; and
- a vehicle owner’s civil liability insurance certificate. This is a compulsory civil liability insurance taken out by the vehicle owner which covers loss of life, bodily or property damage to third parties and passengers.
Apart from the basic requirements to operate a motorcycle, it is unlikely that you require any additional permits to give your guests a ride by your motorcycle. However, it is best to check with the Department of Transportation that this is the case.
If you intend to give your guests a ride on your motorcycle, please take care to watch out for the safety of your guests. The Law on Road Traffic also prescribes rules which you must follow at all times. These include carrying no more than one adult passenger with you on your motorcycle (unless in an emergency situation), ensuring that you and your passenger wear safety helmets that are properly fastened with chin straps, and not carrying bulky objects, or do other acts that may impact traffic order and safety.
My experience involves going to a couple of separate venues, which are not walking distance from each other. I want to provide transportation between the two venues. I plan to order a licensed taxi or Uber or other licensed form of transportation. Do I need a specific license to allow me to do this?
You will not require a license in order to book transportation with a licensed transport provider if you are merely making on the spot bookings and if you do not charge for this service.
If you impose a separate charge for arranging licensed transport, you may be considered to be running a tourism business. In Vietnam, the business line VSIC 7920 in respect of service activities relating to tours include “travel-related reservation services for transportation”. If you are considered to be running a tourism business, you will need to register as a tourist enterprise to carry on this line of business (see also the section on guiding tours for more information).
If you are in doubt, it would be a good idea to approach the Department of Culture, Sports and Tourism for clarification on whether your experience would be considered as conducting a tourism business requiring registration.
Business licensing in Ho Chi Minh City
Could I be a business? When am I likely to be considered to be carrying on a business?
You are engaged in business if your activity involves providing goods or services to earn profit.
What legal structure could I choose to use?
Vietnamese citizen host
If you are the sole owner of the business and are a Vietnamese citizen, three main structures which are commonly used are (a) sole proprietorship, (b) household business, and (c) limited liability company.
A sole proprietorship is an enterprise owned by an individual (i.e. you, as the host). A sole proprietor has unlimited liability in relation to the business’ operations.
A household business is an establishment with one business location (i.e. “the household”) and has less than 10 employees. As a household business, you (as the host) will be responsible for and have unlimited liability in relation to the business’ operations. Please note that a household business is not a type of “enterprise”, and you may not be able to register a household business to carry out business activities that require an “enterprise”, such as a tourism enterprise.
A single-member limited liability company is an enterprise owned by a host. Under this business structure, the host would be liable for the company’s debts and other liabilities up to the company’s registered charter capital.
If you are a foreigner, you are not able to establish a household business or a sole proprietorship, and will need to incorporate a company. In addition, as a foreigner host, you will be subject to provisions under the Law of Investment. You should always check with the local licensing authority (see below) for the applicable requirements or seek advice from a legal professional.
Are there any business registration or licensing requirements for businesses in Vietnam?
Yes, you will need to register your sole proprietorship, household business or limited liability company by submitting an application form for registration with the relevant licensing authorities.
Sole proprietorships and limited liability companies
For registration of sole proprietorships or limited liability companies, you may submit your application either directly in person to the Department of Planning and Investment of Ho Chi Minh City (at 32 Le Thanh Ton, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam) or online through the National Business Registration Portal, available here. Further information on the documents required for registration and applicable fees are available here. Upon approval of your application, you will receive an Enterprise Registration Certificate.
For registration of business households, you may submit your application either directly in person to the Business Registration Office of your relevant district or through such office’s website (e.g., for District 1, you may submit through the website here). Further information on the documents required for registration and applicable fees are available here. Upon approval of your application, you will receive a Certificate of Household Business Registration from the licensing authorities.
An exception applies where your household business is engaged in providing services that earn low revenue (which will be determined by your province). In this case, your household business will not require registration. However, this exception does not apply if your household business is engaged in conditional business lines. Please check with the Business Registration Office of your relevant district if you are in doubt whether your household business requires registration.
If you are registering a limited liability company as a foreigner, please note that you will be subject to additional procedures, including an investment project assessment and consideration of foreign ownership caps. You should always check with the local licensing authority for the applicable requirements or seek advice from a legal professional.
If you carry on a business without the proper registration, you may be subject to a fine of VND 3,000,000 to VND 15,000,000 (approximately USD 135 to 675). You may also be compelled to register your business, or otherwise cease your operations. If you are in any doubt whether you’re operating as a business or require registration, it is best to get in touch with your accountant or legal advisor.
What if I am a business – Is there anything I need to be aware of when dealing with consumers?
Vietnam has in place laws for the protection of consumer rights. If your business will be providing services to persons for personal use, use for families or use for organisations, you should be aware of these laws.
As a business providing services to consumers, you will have an obligation to, among other things:
- keep consumers’ information safe and confidential;
- provide accurate and complete information about the experience you are offering;
- warn consumers about any potential risk your experience may have on their health, life or property; and
- ensure that any contract that you sign with the consumer, if any, is clear and easy to understand.
A copy of the Law on Protection of Consumers’ Rights, which details obligations of businesses to consumers is available here.
You should also check what tax and accounting rules apply to you, and make sure you have the right insurance cover in place to cover all the activities you will be providing.
experiences involving performing arts, music classes, sports, or outdoor activities in Ho Chi Minh City
My experience involves conducting an art performance – do I require any licence or permit?
“Art performances” are defined as shows, performances and plays being presented to the public by performers. This would include concerts, singing, dancing and other performing arts (under Decree No. 79/ 2012/ ND-CP Article 2).
You will not be required to obtain a performance permit from the Department of Performing Arts or the Department of Culture, Sports and Tourism if: (a) you are conducting an art performance at your home (because you are likely to be considered organising a performance for internal purposes); or (b) if you are conducting an art performance for free at a tourist lodging establishment, restaurant or refreshment bar.
If you are conducting an art performance outside of the above-mentioned instances, you are likely to require a performance permit. In an experience setting, you are likely to be considered a “local agency” (as opposed to a “central agency” which we understand typically refers to government bodies, and which is overseen by the Department of Performing Arts). As a local agency being the organiser of the art performance, you will need to apply to the Department of Culture, Sports and Tourism for the performance permit. For a local agency, more information on the application process and the required documents are available here and here.
However, in any case, if the performance will be given by non-Vietnamese individuals or Vietnamese individuals from overseas, you (if you are a local agency) will be required to obtain a separate permit from the Department of Culture, Sports and Tourism of Ho Chi Minh City.
Please note that if you require a performance permit but do not obtain one before conducting the art performance, you may be liable to pay a fine of VND 10,000,000 to 15,000,000 (approximately USD 450 to 675).
My experience requires me to obtain a performance permit for my art performance. What other regulations do I need to comply with?
If you own the location where the art performance is to be held, you must comply with the following regulations (under Decree No. 79/2012/ND-CP, Article 7.1, as amended by Decree No. 15/2016/ND-CP):
- not to issue more tickets than the number of seats or capacity of the location, in order to ensure quality of the arts performance;
- ensure that the performance sound does not exceed the prescribed noise limit;
- ensure security and order, and explosion and fire prevention and control as required by law;
- ensure regulations of the premises are posted at the location; and
- ensure that art performances lasting outside of 12:00 AM – 8:00 AM are approved by the competent authorities.
If you are the organiser of the art performance, you must comply with the following regulations (under Decree No. 79/2012/ND-CP, Article 7.2, as amended by Decree No. 15/2016/ND-CP):
- notify the Department of Culture, Sports and Tourism of the performance and its content at least 5 working days before the performance;
- comply with the laws on copyrights and related rights;
- edit performance pieces to suit the age and gender of the audience when organising an arts performance to children, and to seek consent from their guardians; and
- refrain from disseminating or circulating personal images, or performance programs or pieces, that have content or form that are contrary to the value or standards of social ethics, fine customs and habits or cultural traditions of Vietnam in telecommunications networks.
Please note that even if your art performance does not require a performance permit, you will still be required to comply with the above regulations under Article 7.1, and the regulations under (a) to (c) under Article 7.2.
Please note that if you, as the owner of the location or organiser of the art performance do not comply with any of the conditions mentioned above, you may liable to pay a fine of between VND 1,000,000 to 15,000,000 (approximately USD 45 to 675) for each violation, or other sanctions which may be determined by the relevant authorities.
My experience involves conducting a music or dance class – do I require any certification?
Yes. If you wish to hold music or dance classes on a for-profit basis, you must have an entity established and registered to provide the business of music teaching (under Decision No. 07/2003/BVHTT Article 6) or dance teaching (under Decision No. 23/2001/QĐ-BVHTT Article 6). Also check the business licensing section. If you teach music or dance without registration with the competent authorities, your business entity may be liable to pay a fine of between VND 3,000,000 to 7,000,000 (approximately USD 135 to 315).
In addition, to teach music, you must have been granted a qualification or certification in music from a qualified training institution in Vietnam or overseas. Alternatively, you may approach the Department of Culture, Sports and Tourism to provide an independent assessment.
To teach dance, you will have to meet several requirements, including being in good health and having the relevant certification from a dance training institution or the Department of Culture, Sports and Tourism.
It would be a good idea to approach the Department of Culture, Sports and Tourism to figure out what requirements apply to you, and to ensure that you meet these requirements before you teach. Please note that if your music or dance institution uses unqualified teachers, the institution may be liable to pay a fine.
My experience involves a sport activity – do I require any licence or certificate?
The Law on Physical Training and Sports governs “sports activities”, which includes the use of sports facilities or equipment to provide services for practice, training, performances or sports competitions for profit.
If your experience involves a sports activity, you may be required to obtain a Certificate of Condition Satisfaction for Operating in the Sports Business from the provincial or municipal Peoples’ Committee. To obtain this certificate, you must submit the relevant supporting documents to the Department of Culture, Sports and Tourism within 7 days of obtaining your Enterprise Registration Certificate (also check the business licensing section). You can find more information on the licensing of sports activities at the Ministry of Culture, Sports and Tourism website. If you are in doubt as to whether your activity falls under a “sports activity”, it is best to check with the Department of Culture, Sports and Tourism.
Please note that if you conduct the sports activity without the Certificate of Condition Satisfaction for Operating in the Sports Business when you do in fact need one, you may be liable to pay a fine of between VND 5,000,000 to 10,000,000 (approximately USD 225 to 450).
In addition to obtaining the Certificate of Condition Satisfaction for Operating in the Sports Business, your business establishment engaging in the sports activity should comply with the following regulations (under Decree No. 106/2016/ND-CP Article 5):
- have adequate facilities and sporting equipment that meet the requirements prescribed by the Minister of Culture, Sports and Tourism (You are encouraged to reach out to the Department of Culture, Sports and Tourism for these requirements.);
- have sufficient financial capacity to operate the business in sports activities; and
- have in place legally qualified professionals (trainers, lifeguards and medical staff).
If you do not comply with any of the regulations above, you may be liable to pay a fine of between VND 1,000,000 to 10,000,000 (approximately USD 45 to 450), or other sanctions imposed by the relevant authority.
Additionally, if your business establishment engages in extreme sports activities, it may be subject to additional requirements prescribed by the Minister of Culture, Sports and Tourism (under Decree No. 106/ 2016/ ND-CP Article 10).
If you intend to include yoga as part of your experience, please note that the yoga instructors must be certified and your facilities and equipment must meet certain conditions set out in Circular No. 11/2016/TT-BVHTTDL. It would be a good idea to check with the Department of Culture, Sports and Tourism or the Yoga Federation of Vietnam on what these rules entail.
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