The Certificate of Fitness to operate a Gym Business is an essential legal document certifying that a facility or enterprise meets all legal conditions and requirements to begin operation and generate profit. Gym business falls under the category of conditional business sectors and thus requires a license to legally operate. For fitness centers, the business license is issued in the form of a Certificate of Fitness. This license is both a necessary and sufficient condition allowing individuals or organizations to legally engage in certain conditional business sectors.
I. Current status of issuance of certificate of fitness for gym businesses
A Certificate of Fitness is a document confirming that a business has fully met the legal requirements to operate in a specific industry. For conditional business lines such as gyms, this certificate is mandatory. However, in practice, many gym businesses operate without meeting the required conditions or without obtaining this certificate, exposing individuals or businesses to legal risks. It is therefore essential that gym operators are aware of the legal framework surrounding the Certificate of Fitness to operate Gym Businesses.
II. Legal provisions on certificate of fitness for gym businesses
1. What is a Certificate of Fitness to operate a Gym Business?
It is a certificate confirming that an individual or organization has met the required conditions to legally operate a gym business.
2. Conditions for issuance
According to Circular No. 10/2018/TT-BVHTTDL, a gym must meet the following conditions:
- Training area must be at least 60 m², with a ceiling height of at least 2.8 meters; the space must be well-ventilated; the spacing between training equipment must be between 10 cm and 30 cm;
- Lighting must be at least 150 lux;
- Sound system must be in good working condition;
- It is requested to have areas for sanitation, changing rooms, and personal storage; and must include a first aid kit as per Ministry of Health regulations;
- Internal rules must include: hours of operation, eligible participants, ineligible participants, and safety measures.
3. Competent Authority
The Department of Culture, Sports and Tourism at the location of the registered business premises (or headquarters, if the company has multiple gym locations) is responsible for issuing the Certificate of Fitness to operate a Gym.
4. Application dossiers and procedures
According to Article 19 of Decree 36/2019/ND-CP, the application dossier must include:
- An application form for the certificate;
- A summary report for meeting business conditions (including copies of the business registration certificate, and degrees/certifications of staff, as applicable under Articles 15, 16, and 17 of this Decree).
According to Article 20 of the same Decree, the procedure is as follows:
- The applicant submits 01 dossier to the provincial-level specialized agency for physical training and sports at the place of business registration or company headquarters;
- The competent authority will issue a receipt upon receiving the dossier. If amendments are required, they must notify the applicant directly or in writing within 03 working days;
- Dossier submission and result retrieval can be done in person, by post, or online.
III. Questions on the certificate of fitness for gym businesses
1. Can the legal representative in the certificate be changed? Is notification to the licensing authority required?
According to Article 23 of Decree 36/2019/ND-CP, the legal representative can be changed. When this happens, the old certificate is revoked and a new one must be applied for.
2. Is a trainer’s certificate mandatory for obtaining the Certificate of Fitness?
A trainer’s certificate is only mandatory if the gym business includes sports activities that require a training instructor.
3. Does the gym's operating status at the time of application affect licensing?
The gym’s operational status at the time of application does not affect the issuance of the certificate.
IV. Legal advisory services for the certificate of fitness for gym businesses
The above information from NPLaw addresses legal concerns regarding the Certificate of Fitness for Gym Businesses. Should you require further clarification or assistance, please do not hesitate to contact us:
