Question:

Company A intends to open a spa center (sauna, massage). Company A would like to consult Bizlawyer for advice on the procedures about this service

Our advice:

Thank you so much for trusting and sending the above question to Bizlawyer & Partners Law Firm (“Bizlawyer”). We would like to answer the above question of your company as follows

According to Law on investment 2014, massage service is one of the conditional business lines. Therefore, it must be meet the conditions as follows:

Firstly, conditions on facilities and personnel:

Technical personnel of the spa center must

• Not have mental diseases, hepatitis B, skin disease, tuberculosis and not being treating other infectious diseases
• Have health qualification certificate(s) granted by medical examination and treatment establishments at district or higher level;
• Have periodical health checks every 3 or 6 months at medical examination and treatment establishments at district or higher level

Facilities of the massage spa center must

• Have the electric switches placed outside the massage rooms.
• Not be furnished with inside locks and bolts in the massage rooms
• Not be furnished with any communication means for contacting people inside the massage rooms
• Have adequate drugs on the prescribed list under laws
• Have common medical instruments

Other conditions: The signboards of the spa center must be correctly inscribed with “Xoa bop” or “massage”, not with the phrase “vat ly tri lieu, phuc hoi chuc nang” (Physiotherapy, functional rehabilitation), or other names

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Secondary, conditions on security

According to the Article 3, Decree No. 96/2016/NĐ-CP, massage service is one of conditional business lines on security.

The spa center must be eligible for the following conditions:

• The spa center must be registered, licensed or established under the law of Vietnam
• The person in charge of security and order of the spa center (the owner) must not

– Being criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.

– Having 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 being suspended from serving a prison sentence; or being serving a non-custodial rehabilitation; or being 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

– Being liable for the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to 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;

• Employees must be at least 18 years old; have full civil act capacity and don’t addict heroin. There is no one of the following: Not being a person who is currently under investigation, prosecution, trial; suspension of serving imprisonment penalties; being released from prison ahead of a conditional term; serving a non-custodial reform sentence.
• The spa center must satisfy conditions on fire prevention and fighting as referred to by the law
• The spa center must haveplaces for safe storage and preservation of guest’s assets
• The spa center must have separate rooms for men and women when performing massage services

Thirdly, conditions on fire prevention and fighting

According to the Article 7, Decree No. 79/2014/NĐ-CP “The facilities whose fire safety is supervised prescribed in Appendix I enclosed herewith that do not pose a risk of conflagration must satisfy fire safety requirements as prescribed in Clause 1 of this Article depending on the scale and operation of the facility and in accordance with technical standards on fire safety and firefighting.”

If the spa center is located at registered Head office of the enterprise, the spa center must be be granted an Inspection record of fire prevention and fighting, and must meet the following conditions at the article 3.2, Circular No. 66/2014/TT-BCA:

The conditions are the followings:

– There are regulations, rules, procedures, directives and guidance on fire prevention and fighting;

– There is a decision on the establishment of night-watch teams, intramural and professional fire prevention and fighting teams;

–  There is  adequate fire prevention and fighting equipment;

–  There are an approved firefighting plan of the spa center and reports on the results of fire prevention and fighting practicing;

–  There are books tracking propaganda and training activities in fire prevention and fighting, activities of intramural and professional fire prevention and fighting teams  and use of equipment for fire prevention and fighting

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Conclusion:

In conclusion, a spa center for sauna and massage) must meet the conditions on personnel and facilities, and must be granted an Inspection record of fire prevention and fighting and a certificate of satisfaction of security conditions

If our client have any question or have demand for detailed information about the conditions on massage service, please contact us via our email: Info@bizlawyer.vn or Hotline Call: (+84)086.888.1900 for timely advice and support.