An enterprise has already established a company. Now, the enterprise wishes to operate under a “health care club” model. Does such a “club” need to comply with any specific legal form of organization?
Context
In current business practice, many enterprises choose to provide services in the form of a “health care club” to differentiate customer experiences while offering a variety of services such as spa treatments, yoga, fitness classes, mental health care, nutrition, or community facilities. However, because the term “club” is often associated with voluntary or non-profit organizations, many enterprises wonder whether operating under this model requires compliance with a specific legal form or registration under a particular legal framework.
I. Analysis
1. “Club” is not a legal form under the Enterprise Law
According to the 2020 Enterprise Law, the legal forms of enterprises in Vietnam are limited to five types:
- Single-member limited liability company (LLC)
- Multi-member limited liability company (LLC)
- Joint-stock company
- Partnership company
- Private enterprise
→ Therefore, “club” does not appear in the list of enterprise types and is not recognized as an independent legal form.
This means:
- A “health care club” is not a separate legal entity,
- There is no legal requirement for an enterprise to register a new organization in order to operate under the name “club,”
- And it does not change the legal status of the already-established enterprise.
2. Legal nature of the term “club”
From a corporate law perspective, the term “club” is essentially:
- A trade name,
- A service program name,
- A business brand,
- Or a marketing-oriented organizational model.
The use of this name does not create any separate legal obligations and does not require the enterprise to register a new organizational form.
3. Enterprise autonomy in choosing operational models
Pursuant to Clause 2, Article 7 of the 2020 Enterprise Law:
“Enterprises have the right to autonomously conduct business and choose their organizational form; to independently select industries, sectors, locations, and business models; and to adjust the scale and scope of business activities.”
Therefore, the enterprise is fully entitled to:
- Use the name “Health Care Club,”
- Operate service activities under the club model,
- Without establishing a new legal entity,
- And without registering a specialized organizational form.
4. Compliance with specific sectoral requirements
Although the term “club” is not legally restricted, the services offered within this model may fall under regulated industries. Therefore, the enterprise must comply with relevant legal requirements, for example:
- Spa and massage services:
- Compliance with security and public order requirements
- Compliance with facility and personnel standards
- If medical-related therapies are provided, a Medical Practice License may be required
- Swimming pools, jacuzzis, fitness rooms, yoga classes:
- Regulated as sports activities; must obtain:
- Certificate of eligibility for sports business
- Compliance with facility and instructor standards
- Regulated as sports activities; must obtain:
- Health and psychological consulting services:
- May require a Medical Practice License for medical advice
- Compliance with professional standards for psychological consulting (if specialized)
- Food and beverage services:
- Must obtain Certificate of Food Safety Compliance
- Other general conditions:
- Security and public order
- Fire prevention and fighting in accordance with the 2024 Fire Prevention and Rescue Law
- Environmental protection if operations generate waste
- Registration or updating of business lines in the Enterprise Registration Certificate
5. Summary of key legal points
- “Health care club” is not a legal entity type
- Enterprises may use this name as a service model
- No need to register a new legal entity
- No need to change the enterprise type
- Must comply with legal requirements corresponding to each specific service offered
II. Conclusion
An enterprise that has already established a company and wishes to operate as a “Health Care Club” is fully compliant with the law. The term “club” is not an independent legal form and does not affect the current legal status of the enterprise. The enterprise has full discretion to use the name as a brand or business model to attract customers.
However, to operate legally and mitigate risks, the enterprise should review all services planned under the club model and fully comply with relevant legal obligations, including:
- Obtaining specialized permits,
- Updating business lines,
- Ensuring food safety, security, and fire prevention,
- Complying with professional regulations for each specific activity.
Compliance not only ensures lawful operations but also enhances reputation and builds trust among members and customers in the health care club model.
📞 CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Khuong Ngoc Lan