CONDITIONS OF MASSAGE SERVICE BUSINESS ESTABLISHMENT IN VIETNAM

According to the regulations of the Ministry of Health, massage business is one of the conditional business lines, must meet strict requirements. Decree No.109/2016/ND-CP was issued and no longer stipulates the business of massage services in the list of conditional occupations. However, there are still certain requirements when requesting a business registration certificate for this type of service. The following essay of Doanh Tri Firm will provide conditions for establishing a massage service for readers' reference.

1. Legal basis:

- Decree No.155/2018/NĐ-CP

- Decree No.109/2016/NĐ-CP

- Decree No.96/2016/NĐ-CP

- Documentary No.579/KCN-PHCN&GD 2019

2. Conditions under Decree No.109/2016/ND-CP:

Previously, in order to be granted a business license, massage business establishments had to satisfy the conditions for facilities, equipment, and the person in charge of professional and technical expertise specified in Article 38. Decree No.109/2016/ND-CP. Readers refer to the information below:

2.1. Facilities conditions:

(i) Fixed location, with enough light, separate from family activities;

(ii) Massage rooms must ensure the following conditions:

- Each massage room has an emergency bell arranged one way from the massage room to the doctor's room or the place to receive customers;

- There is a copy of the massage procedure in large letters; easy to read paste or hang on the wall of the massage room printed on A1 size paper;

- There are hygienic bathrooms; ensure there is enough electricity, water and other sanitary conditions to take care of customers.

2.2. Equipment conditions:

(i) Signboard: Must write correctly: “Massage” or “Massage”;

(ii) Massage rooms must satisfy the following conditions:

- Wide, with partitions for each individual bed or private room (area from 4m2 or more); ceiling height from 2.5m or more;

- Sufficient light, do not use lamps that increase or decrease light;

- System of light switches placed outside the massage room;

- Equipped with lockers, lockers with locks to store and keep guests' clothes and properties;

- No locking and latching system inside the room;

- Do not use any means of communication to notify the massage room;

- Doors have clear glass, 1.5m above the ground, 0.5m high, 0.3m wide;

- Massage bed must be the right size, height: 0.6 - 0.8m, width 0.7 - 0.9m, length 2.0 - 2.2m; firm padding; bedsheets; pillows, towels must be autoclaved, used only once;

- There is a copy of the massage technique, in large, easy-to-read letters, attached to the wall of each room (printed on A1 paper).

2.3. Conditions on staff and management:

The person who responsible for professional and technical expertise for a massage service establishment must be a doctor or a physician or a technician in one of the rehabilitation specialties; physical therapy; traditional medicine or have a certificate of specialized training in rehabilitation; physical therapy or traditional medicine. In case drugs are prescribed, the person in charge of professional and technical expertise must be a doctor specializing in rehabilitation, physical therapy, or traditional medicine;

Those who work at the establishment if practice massage techniques, must have a certificate of training in massage issued by a lawful training institution;

Staff performing massage techniques must wear neat, clean and beautiful clothes, with badges clearly stating the name of the establishment, the name of the employee, and a photo of 3cm x 4cm.

3. Conditions under Decree No.155/2018/ND-CP:

The provisions of Clause 27, Article 10 Decree No.155/2018/ND-CP annulled Article 38 of Decree No.109/2016/ND-CP. This means that massage businesses do not need to meet the same conditions as before. However, it is still necessary to comply with the general requirements on industries specified in Decree No.96/2016/ND-CP. Specifically:

3.1. Conditions on security and order generally apply to the following industries and professions:

(i) Being registered, licensed or established in accordance with the laws of Vietnam.

(ii) The person responsible for security and order of the business establishment must be a person who does not fall into one of the following cases:

a) For Vietnamese:

- Having been criminally prosecuted while Vietnamese or foreign procedural agencies are investigating, prosecuting or adjudicating.

- Having a previous conviction for crimes of infringing upon national security or other crimes committed intentionally and having been sentenced to more than 3 years in prison and not yet having a criminal record; is in the period of suspension of serving a prison sentence; is serving a sentence of non-custodial reform; are under house arrest, banned from residence, banned from holding certain posts, banned from doing business in lines of business, investment and business subject to security and order conditions under a court decision.

- Being subject to the measure of education in communes, wards or townships; there is a decision to apply administrative handling measures while waiting for the implementation of the decision; are addicted to drugs; being suspended, temporarily suspended the execution of the decision to send to a compulsory education institution or to a compulsory detoxification establishment; administrative handling measures have been applied but the time limit has not been reached to be considered as not yet applied administrative handling measures;

b) For overseas Vietnamese holding foreign passports and foreigners:

- Has not been granted a residence permit by a competent Vietnamese agency.

(iii) Satisfying conditions on fire prevention and fighting safety according to the provisions of the law on fire prevention and fighting.

3.2. General responsibilities apply to the following industries and professions:

(i) The person responsible for security and order of the business establishment must be responsible for ensuring the conditions for security and order; fully comply with the provisions on security and order in this Decree and other relevant laws.

(ii) 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 commune or ward police station, town in which the establishment does business.

(iii) Maintain regularly and continuously the security and order conditions specified in this Decree throughout the course of business operations.

(iv) Do not use business establishments to carry out activities contrary to the law, affecting security, order, morality, fine customs and traditions of the nation.

(v) Detect and promptly notify the police about suspicious manifestations or incidents related to security and order at business establishments.

(vi) Implement the regime of quarterly or irregular reports on the security and order situation under the guidance of the Ministry of Public Security.

(vii) Comply with the inspection, examination and handling of violations by the police and competent state management agencies.

(viii) Employing only employees working in business establishments who are full 18 years of age or older; have full capacity for civil acts; not addicted to drugs. Do not use employees who are under investigation, prosecution or trial; is in the period of suspension of serving a prison sentence; people who are in the period of being released from prison ahead of time with conditions; who are serving a non-custodial reform sentence.

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

- List of people working in the business premises

- The curriculum vitae and personnel declaration 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;

- Documents proving that the business establishment fully satisfies the conditions for each type of industry or trade specified in Articles 8, 11 and 12 of this Decree;

- Statistics of means of protection (if any);

3.3. Specific responsibilities of massage service business establishments:

(i) Arrange a place to store and safely preserve personal belongings and property of guests.

(ii) Arrange separate male and female rooms when performing massage services.

The above article is our firm's perspective towards conditions of massage service business establishment in Vietnam 2022. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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