DECREE

ON ANTI-SPAM

Government's Decree No. 90/2008/ND-CP dated August 13, 2008 on anti-spam, coming into force as of September 11, 2008, amended by:

Government's Decree No. 77/2012/ND-CP dated October 5, 2012 on amendments to Government's Decree No. 90/2008/ND-CP dated August 13, 2008 on anti-spam, coming into force as of January 1, 2013.

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on information technology dated June 29, 2006;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

...

...

...

Pursuant to the July 2, 2002 Ordinance on Sanctions against Administrative Violations and the April 2, 2008 Ordinance on amendments to Ordinance on Sanctions against Administrative Violations;

At the proposal of the Minister of Information and Communications,

DECREES:

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the anti-spam; and rights and obligations of concerned agencies, organizations and individuals (below collectively referred to as entities).

Article 2. Regulated entities

This Decree applies to entities related to email and message exchange services in Vietnam.

...

...

...

Article 3. Interpretation of terms

For the purpose of this Decree, the terms below are construed as follows:

1. Spam means an email or text message sent to a sender who does not want or has no duty to receive it according to law. In this Decree spam includes email spam and text message spam. In this Decree spam includes email spam and text message spam.

2. Data message means data generated, sent, received and stored by electronic means.

3. Information infrastructure means a system of equipment serving the production, transmission, collection, processing, storage and exchange of digital information, including telecommunications networks, the Internet, computer networks and databases.

4. Email means a data message sent to one or more than one email address through information infrastructure.

5. Electronic address means an address used to receive or send data messages through information infrastructure.

6. Email address means an address used to send or receive emails, which consists of a user name and an Internet domain name.

7. Text message means a data message sent to a mobile phone, a pager or a device with a text message-receiving function.

...

...

...

9. Email subject heading means a part of the header showing the brief content of the email.

10. Text message header means information attached to the content of a text message, including but not limited to, the origin and time of sending of the text message.

11. Advertising email or advertising text message means an email or a text message aiming to introduce entities engaged in business or social activities, goods or services, including services provided for profit and not for profit, to consumers.

12. Advertiser means an organization or individual wishing to advertise its/his/her business activities, goods or services.

13. Advertising provider means an organization providing the service of sending commercial emails or text messages to recipients.

14. Management code means a code issued by the Ministry of Information and Communication to an email marketing provider, a text message marketing provider, a SMS content provider or an instant messaging provider when approving their applications for registration.

15. Product code means a code assigned to each product by an advertising provider. A product code may consist of information on a category of advertising products for classification purpose.

16. Owner of an electronic address means a person who has created or has been granted such electronic address.

17. Identification name of a sender used in text message marketing or content messaging (hereinafter referred to as identification name) is a combination of letters issued by the Ministry of Information and Communications to advertisers or SMS content providers, and used to display or identify the information about the sending sources of the messages about the service rendered.

...

...

...

19. Syntax of content messaging services (hereinafter referred to as syntax) is a serial of non-case-sensitive letters, given by the SMS content provider to refer to a specific information messaging service.

Article 4. Contents and responsibilities of state management of the anti-spam

1. Contents of state management of the anti-spam

a) Formulating, promulgating, raising awareness of, disseminating, and implementing legal documents and technical regulations against spam;

b) Raising awareness of and sense of responsibility for preventing and fighting spam among users and other entities;

c) Summing up and publicly announcing spamming sources;

d) Take charge and cooperate with entities in preventing and handling spam;

dd) Receiving notices and complaints about spam;

e) Receiving applications from and issuing management codes to email marketing providers, text message marketing providers, SMS content providers, and instant messaging providers; receiving applications from and issuing identification names to providers of advertising messaging services and SMS content providers;

...

...

...

h) Studying and applying anti-spam measures;

i) Managing statistics on spam;

k) Inspecting, examining, settling complaints, denunciations and handling violations.

l) Promulgating regulations on serial numbers for sending advertising messages and providing content messaging services, and regulations on issuing identification names;

m) Promulgating regulations on charges for advertising messages.

2. The Ministry of Information and Communication shall take charge and coordinate with concerned ministries and ministerial-level agencies in performing the state management of the anti-spam.

3. Other ministries and ministerial-level agencies shall coordinate with the Ministry of Information and Communication in the anti-spam.

Article 5. Classification of spam

1. Emails and text messages for the purposes of deception, harassment or spreading computer viruses and harmful software or violating Clause 2. Article 12 of the Law on Information Technology.

...

...

...

Article 6. Prohibited acts

1. Spamming.

2. Misleading header of emails or text messages for spamming purposes.

3. Enabling or permitting others to use of one's own electronic devices for sending or forwarding spam.

4. Exchanging, buying, selling or spreading electronic address collector software or the right to use such software.

5. Using electronic address collector software without consent of owners of such electronic addresses.

6. Exchanging and trading lists of electronic addresses without prior consent from the owners of such electronic addresses.

7. Other violations as provided for by law.

8. Providing content messaging services inconsistently with the request from the users.

...

...

...

10. Charging the services without notifying their users.

Chapter II

SENDING OF COMMERCIAL EMAILS AND ADVERTISING TEXT MESSAGES

Section I. GENERAL PRINCIPLES

Article 7. Principles of sending commercial emails and advertising text messages

1. The commercial emails and advertising messages may only be sent after obtaining an obvious prior consent from the receiver.

2. The sending of commercial emails or advertising messages must be immediately terminated when receiving the opt-out request from the receiver.

3. The commercial emails and advertising messages may only be sent from the electronic addresses and system prescribed by the Ministry of Information and Communications.

4. When sending commercial emails and advertising messages, the advertising provider must send their copies to the technical system of the Ministry of Information and Communications.

...

...

...

6. It is prohibited to send more than 01 advertising message with the same contents to a telephone number within 24 hours, and only allowed to send such messages from 7:00 to 22:00 every day, unless otherwise agreed by the receiver.

7. The advertisement contents must be conformable with law regulations on advertising.

Article 8. Principles of collecting and using electronic addresses for advertisement purposes

1. Electronic addresses may only be collected for advertisement purposes upon the consent of owners of such electronic addresses.

2. The purpose and scope of use must be clearly stated when collecting electronic addresses.

3. Electronic addresses must be used for the purpose and within the scope already permitted by owners of such electronic addresses.

Section 2. COMMERCIAL EMAILS

Article 9. Requirements for commercial emails

1. The subject heading must match the content, and the advertising content must comply with the advertisement law.

...

...

...

3. There must be information on the advertiser under Clauses 1 and 3, Article 11 of this Decree.

4. In case of using an advertisement service, there must be additional information on the advertising provider under Clauses 2 and 3 Article 11 of this Decree.

5. There must be an opt-out function under Article 12 of this Decree.

Article 10. Commercial email labeling rules

1. All emails must be labeled.

2. A label shall be placed at the beginning of the subject line.

3. A label may take one of the following forms:

a) [QC] or [ADV], for emails sent from an advertiser;

b) |QC Management code] or [ADV Management code]. for emails sent from an advertising provider. Management code is defined under Clause 14. Article 3 of this Decree.

...

...

...

1. Information on an advertiser includes name, telephone number, email address, geographical address and website address (if any).

2. Information on an advertising provider includes name, telephone number, email address, geographical address, website address, management code and product code (if any).

3. Information on an email advertising provider or email advertiser must be clearly displayed and placed immediately before opt-out information that permits recipients to decline to receive commercial emails.

Article 12. Regulations on the function to opt out of commercial emails

1. Opt-out information that permits recipients to decline to receive commercial emails must meet the following conditions:

a) It is placed at the end of a commercial email and expressed clearly and conspicuously in Vietnamese and English;

b) There must be information confirming that recipients have a right to decline all products from the advertiser. In case of using an advertisement service, there must be information confirming that recipients have a right to decline all advertising products from the advertising provider;

c) When necessary, an email advertising provider may provide additional opt-out ability, such as declining a product or a group of products;

d) There must be clear guidance on the levels of opt-out under Points b and c, Clause 1. and forms of opt-out under Clause 2 of this Article.

...

...

...

a) Opting out via the website;

b) Opting out by email;

c) Opting out by telephone.

3. As soon as possible after receiving the opt out request, the advertiser or the advertising provider must immediately send an acknowledgement of the opt-out request, and stop sending the refused kind of commercial emails to such receiver.

4. An acknowledgement of the opt-out request must ensure the following requirements:

a) There is an acknowledgement of an opt-out request, the time of receipt of the request and the deadline for stopping sending commercial emails;

b) It must be successfully sent only once and contain no advertising information.

5. Providers of advertising services or advertisers must not collect surcharge to comply with the opt-out request to receive advertisements from their receivers.

Section 3. ADVERTISING TEXT MESSAGES

...

...

...

1. An advertising text message must be labeled under Article 14 of this Decree.

2. In case of using the advertisement service, there must be additional information on the advertising provider under Article 15 of this Decree.

3. There must be an opt-out function under Article 16 of this Decree.

Article 14. Advertising text message labeling rules

1. All advertising text messages must be labeled.

2. A mark shall be placed at the beginning of the content of a text message.

3. A mark may take one of the following forms:

a) [QC] or [ADV], for text messages sent from an advertiser;

b) [Management code], applicable to messages sent by the advertising provider;

...

...

...

Article 15. Regulations on information on text message marketing providers

1. Information on a text message marketing provider includes the management code and product code (if any).

2. Information on a text message marketing provider is placed in the labeling position under Clause 3, Article 14 of this Decree.

Article 16. Regulations on the function to opt out of advertising text messages

1. Information permitting recipients to decline to receive advertising text messages must meet the following conditions:

a) It is placed at the end of an advertising text message and clearly displayed in Vietnamese;

b) It is required to instruct the receiver to refuse to accept advertising messages that they subscribed previously;

c) When necessary, a text message marketing provider may provide additional opt-out ability, such as declining a product or a group of products;

d) There must be clear guidance on the levels of opt-out under Points b and c, Clause 1. and forms of opt-out under Clause 2 of this Article.

...

...

...

a) Opting out by text messaging;

b) Opting out by telephone;

3. As soon as possible after receiving the opt-out request, the advertiser or the advertising provider must immediately send an acknowledgement of the opt-out request, and stop sending the refused kind of advertising messages to such receiver.

4. An acknowledgement of the opt-out request must ensure the following requirements:

a) There is an acknowledgement of an opt-out request, the time of receipt of the request and the deadline for stopping sending advertising text messages;

b) It must be successfully sent only once and contain no advertising information.

5. Providers of advertising services or advertisers must not collect surcharge to comply with the opt-out request to receive advertisements from their receivers.

Chapter III.

EXCHANGE OF EMAILS AND TEXT MESSAGES

...

...

...

Article 17. Entities sending emails and entities using email advertisement services

1. All entities may send emails as they wish in accordance with the provisions of this Decree and other relevant provisions.

2. When sending commercial emails, the advertiser must:

a) Comply with Article 9 of this Decree;

b) Send from a server of email services with national domains (.vn);

c) Keep the opt-out request, acknowledgement of the opt-out request, and the opt-in emails;

d) Keep the commercial emails for at least 60 days;

dd) Take other professional measures at the requests of competent regulatory bodies.

3. When using an email advertisement service, advertisers may only use the service provided by an email advertising provider possessing a management code issued by the Ministry of Information and Communication.

...

...

...

1. An email advertisement provider shall meet the following conditions:

a) Having a website with a Vietnam-based server used for sending commercial emails and using the Vietnamese nation domain name ".vn";

b) Having a system for receiving and processing recipients' opt-out requests under Article 12 of this Decree;

c) Obtaining a management code issued by the Ministry of Information and Communications.

2. Procedures for issuance of management code:

a) The applicant must submit the application for registration to the Ministry of Information and Communications;

b) An application for registration must contain sufficient information on the organization or individual providing the email advertisement service and technical information in accordance with the required conditions specified in Clause 1. Article 18 of this Decree. An application shall be made according to a form attached to this Decree (Appendix I. not printed herein);

c) The applicant shall pay a fee for registration;

d) Within 15 days after receiving a valid application, the Ministry of Information and Communication shall consider issuing a registration; if the application is refused, the Ministry of Information and Communications shall provide explanation in writing.

...

...

...

4. Keeping opt-out request, acknowledgement of the opt-out request, and the opt-in emails;

4a. Keeping the commercial emails for at least 60 days.

5. Make periodical reports and statistics according to regulations of competent state agencies.

6. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 19. Email service providers

1. Take measures to raise the awareness of service users and guide service users how to prevent and fight email spam.

2. Supply tools for service users to choose commercial emails right on mail receiving servers.

3. Take measures to prevent loss and wrong blocking of emails of service users.

4. Provide free tools for receiving and processing notices of email spam from users.

...

...

...

5. Supply information relating to the conditions of the system of email servers at the request of competent state agencies.

6. Take measures to prevent email spam at the request of competent stale agencies.

7. Not to provide the email service to email advertising providers that has no management code issued by the Ministry of Information and Communication.

8. Store email header for at least 60 days.

9. Make periodical reports and statistics according to regulations of competent state agencies.

10. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 20. Internet access service providers

1. Take measures to raise the awareness of service users and guide service users how to prevent and fight email spam.

2. Provide free mechanisms for receiving and processing notices of email spam from users.

...

...

...

4. Collaborate with domestic and international Internet service providers in restricting email spam.

5. Take measures to prevent email spam at the request of competent stale agencies.

6. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 21. Email users

1. Observe the provisions of this Decree regarding sending of emails.

2. Supply information on email spam to email service providers, Internet service providers and competent state agencies.

3. Collaborate with competent state agencies in fighting email spam.

Section 2. EXCHANGE OF TEXT MESSAGES

Article 22. Entities sending text messages and entities using text message advertisement services

...

...

...

2. When sending advertising messages, the advertiser must:

a) Comply with Article 13 of this Decree;

b) Send advertising messages from the electronic addresses issued by a telecommunication enterprise licensed to establish mobile telecommunications networks;

c) Keep the opt-out request, acknowledgement of the opt-out request, and the opt-in emails;

d) Keep the advertising messages for at least 60 days;

dd) Take other professional measures at the requests of competent regulatory bodies.

3. When using a text message advertisement service, advertisers may only use the service provided by a text message marketing provider possessing a management code issued by the Ministry of Information and Communication.

Article 22a. Identification name

1. All organizations are entitled to register for and use identification names to send advertising messages and provide content messaging services.

...

...

...

a) Impartiality;

b) First come first served;

c) The name must avoid ambiguity that causes confusion due to the equivocal Vietnamese accents;

d) The name must be different from that of the Communist Party’s and the State’s organizations.

3. The organization that register for a identification name is responsible before law for the use purpose, the accuracy of the registration information, and make sure that the registration and use of identification names do not violate the lawful rights and interests of other entities before the date of registration.

4. Procedures for issuance of identification name:

a) The applicant must submit the application for registration to the Ministry of Information and Communications;

b) The application for registration must provide sufficient information about the applicant that uses the identification name, including: the copy of the Enterprise registration certificate, the registration for the identification name;

c) The applicant must pay fees for using the identification name as prescribed by the Ministry of Finance;

...

...

...

5. Identification names shall be revoked in the following cases:

a) Using identification names to send spam messages or provide services that violate law;

b) Failing to pay fees for using identification name;

c) At the request of competent regulatory bodies.

Article 23. Text message advertising providers

1. A text message marketing provider shall meet the following conditions:

a) The advertising messages must be sent from a technical system in Vietnam, and the technical system must satisfy the requirements from the Ministry of Information and Communications.

b) Having a system for receiving and processing recipients' opt-out requests under Article 16 of this Decree;

c) Obtain a management code issued by the Ministry of Information and Communications.

...

...

...

a) The applicant must submit the application for registration to the Ministry of Information and Communications;

b) An application for registration must contain sufficient information on the organization or individual providing the text message advertisement service and technical information in accordance with the required conditions specified in Clause 1, Article 23 of this Decree. An application shall be made according to a form attached to this Decree;

c) The applicant shall pay a fee for registration;

d) Within 15 days after receiving a valid application, the Ministry of Information and Communication shall issue a registration; if the application is refused, the Ministry of Information and Communications shall provide explanation in writing.

3. Notify in advance the Ministry of Information and Communication of any change of the system for sending advertising text messages.

3a. Being enabled to provide services and taking legal responsibility for all the services and contents provided on the system.

3b. Providing the opt-out requests from receivers to advertisers if the list of electronic address used to send advertisements is provided by advertisers.

4. Keeping the opt-in emails, opt-out requests, and acknowledgement of the opt-out requests.

4a. The advertising messages must be kept for at least 60 days.

...

...

...

6. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 23a. SMS content providers

1. A provider of content messaging services must satisfy the following conditions:

a) Having a website using a national domain “.vn”; the website must let it users to access the information about the services, at least the service introduction, service charges, instructions to use and to refuse the services;

b) Having a system allowing users to register for using the services, and a system to receive the opt-out requests to use the services from users;

c) Obtaining a management code issued by the Ministry of Information and Communications.

2. Procedures for issuance of management code:

a) The applicant must submit the application for registration to the Ministry of Information and Communications;

b) The application for registration must provide sufficient information about the organization that provides content messaging services, including: the copy of the Enterprise registration certificate, the registration for the management code, the list of services being provided;

...

...

...

d) Within 15 working days as from receiving the valid application, the Ministry of Information and Communications must issue the certificate of management code; if the application is refused, the Ministry of Information and Communications shall provide explanation in writing.

3. The management code must be used in accordance with the provisions of the Ministry of Information and Communications.

4. The provider is enabled to provide services and take legal responsibility for all contents provided.

5. The service rendered must be stop upon the client’s request.

6. The advertisements must comply with the following provisions:

a) Complying with regulations on sending commercial emails and advertising messages;

b) When advertising on displaying media (the television, papers, publications, the internet…), it is required to provide information about the service charges and the compatible devices for legibly and comprehensibly using the services in Vietnamese. The information about the service charge must be displayed similarly to the syntax, at least at 2/3 of the size of the syntax;

c) It is required to specify the service charges right after the instruction when advertising services on radio.

7. The information about the services on the website must be sufficiently and clearly provided before providing the services, including: The service name, corresponding syntax, service description, instruction to use, corresponding service charge, instruction to cancel, supporting telephone, commitment to use services.

...

...

...

9. It is prohibited to charge error messages, messages without services, message with services but their syntax is different from that announced by the enterprise, messages that cheat users.

10. The following data must be kept:

a) All refusals to use services, and all requests for using services;

b) The messages sent by users and by the enterprise within at least 01 year;

c) The complaints of users within at least 01 year.

11. Taking measures for preventing spam mails and spam services that provide services that violate laws at the requests of competent regulatory bodies.

12. Making reports and statistics under the instruction from the Ministry of Information and Communications.

Article 24.Text messaging providers

1. Take measures to raise the awareness of service users and guide service users how to prevent and fight text message spam.

...

...

...

2a. Guiding subscribers to send notifications of spam and reply to such notifications.

2b. Initiating a spam prevention system, at least capable of preventing spam according to the sending sources and keywords in the messages.

2c. Taking measures for assessing the spamming on their mobile network as guided by the Ministry of Information and Communications.

2d. Providing electronic addresses for sending advertising messages and providing content messaging services as prescribed by the Ministry of Information and Communications.

3. Provide information relating to the conditions of the text messaging system at the request of competent state agencies.

4. Take measures to prevent text message spam at the request of competent state agencies.

5. Not to provide the text messaging service to text message advertising providers that have no management code issued by the Ministry of Information and Communication.

5a. Providing services of sending and receiving messages, services of sending and receiving messages using identification names for text message marketing providers and SMS content providers of whom the management codes have been issued by the Ministry of Information and Communications. The agreements on service rendered must comply with the guidance from the Ministry of Information and Communications.

5b. Within 01 month, the enterprises that have been issued with the management codes must be connected to their system to provide content messaging services and advertising messaging services. 

...

...

...

5d. Publishing on the website all of information about content messaging providers, at least containing: name, commencement date, address, phone number, services being rendered and equivalent charges, customer care phone number.

5d. Returning the service charge upon the request of SMS content providers; notifying the users of the refund.

5e. Preventing and handing the refund of charges for the content messaging services without management codes.

6. Limiting the frequency of messaging from each source, preventing messages posing risk of information insecurity as prescribed by the Ministry of Information and Communications.

6a. Preventing and revoke the subscriber numbers used to spread spam. 

7. Cooperate with telecom enterprises in granting license to establish cellular network locally or abroad against spam.

7a. Complying with the requests made by the Ministry of Information and Communications for preventing and handling spam, for handling notifications and reporting spam.

7b. Providing information serving the prevention of spam at the request of competent regulatory bodies.

7c. Preventing spam from fake sources before they are sent to users.

...

...

...

9. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 25. Instant messaging providers

1. Instant messaging providers must meet the following conditions:

a) Having a website with the Vietnamese nation domain name ".vn"; and Vietnam-based servers for sending text messages;

b) Taking measures for verifying the sources of messages via the internet.

c) Obtaining a management code issued by the Ministry of Information and Communications.

2. Procedures for issuance of management code:

a) The applicant shall submit applications for registration to the Ministry of Information and Communication;

b) An application for registration must contain sufficient information on the instant messaging provider and technical information in accordance with the required conditions specified in Clause 1 of this Article. An application shall be made according to a form attached to this Decree (Appendix III, not printed herein);

...

...

...

d) Within 15 days after receiving a valid application, the Ministry of Information and Communication shall issue a registration. If the application is refused, the Ministry of Information and Communications shall provide explanation in writing.

3. Provide free mechanisms for receiving and processing notices of text message spam from users.

4. Take measures to restrict the number, speed and frequency of text messaging from a single service user.

5. Take measures to prevent text message spam at the request of competent state agencies.

6. Make periodical reports and statistics according to regulations of competent state agencies.

7. Collaborate with competent state agencies in implementing other operation measures as provided for by law.

Article 26. Text message users

1. Observe the provisions of this Decree regarding sending of text messages.

2. Provide spam information for telecom enterprises licensed to establish cellular network, instant messaging providers, and competent authorities.

...

...

...

Chapter IV.

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 27. Settlement of disputes

Disputes between parties in the provision and use of public email and text message advertisement services shall be settled on the basis of contracts between parties and relevant provisions of law.

Article 28. Complaints, denunciations and settlement of complaints and denunciations

1. Entities that are sanctioned for spam-related violations or their lawful representatives may lodge complaints about sanctioning decisions issued by competent persons. Pending the settlement of their complaints by competent state agencies, sanctioned organizations or individuals shall still comply with sanctioning decisions.

2. Citizens may denounce to competent agencies, organizations or persons spam-related violations in accordance with the law on complaints and denunciations.

3. Citizens may denounce to competent agencies, organizations or persons illegal acts of persons competent to sanction spam-related administrative violations.

4. The competence, procedure, order and time limits for lodging complaints and denunciations and settling complaints and denunciations, and for initiating administration lawsuits comply with the provisions of law.

...

...

...

1. Entities that send spam causing damage to other entities shall pay compensation for such damage.

2. The level of compensation shall be agreed upon by the spamming and damaged parties in accordance with the principles prescribed by law. In case they cannot negotiate and reach any agreement, the level of compensation shall be decided by the court.

Article 30. Inspection

1. Entities providing and using email and text message advertisement services shall place themselves under the inspection and examination by competent state agencies in accordance with law.

2. The inspection of entities involved in the management, provision and use of email and text message advertisement services shall be conducted in accordance with the law on inspection.

Article 31. Competence of the specialized information and communication inspectorate to sanction spam-related administrative violations

1. Specialized information and communication inspectors on duty have the power:

a) To issue cautions;

b) To impose fines of up to VND 500,000;

...

...

...

d) To apply remedies specified in Clauses 3 and 4, Article 43 of this Decree;

dd) To exercise the powers defined at Item 2, Clause 19, Article 1 of Ordinance No. 44/2008/ UBTVQH12 Amending and Supplementing a Number of Articles of the 2002 Ordinance on Sanctioning of Administrative Violations.

2. Chief inspectors in provincial-level Information and Communication Services have the power:

a) To issue cautions;

b) To impose fines of up to VND 30.000.000;

c) To confiscate material evidence and means used in administrative violations;

d) To apply remedies specified in Clauses 1, 3, 4 and 5, Article 43 of this Decree;

dd) To exercise the powers defined at Item 1, Clause 19. Article 1 of Ordinance No. 44/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the 2002 Ordinance on Sanctioning of Administrative Violations.

3. The chief inspector of the Ministry of Information and Communication has the power:

...

...

...

b) To impose fines of up to VND 100,000.000;

c) To confiscate material evidence and means used in administrative violations;

d) To apply remedies specified in Clauses 1, 2, 3, 4, 5 and 6, Article 43 of this Decree;

dd) To exercise the powers defined at Item 1, Clause 19. Article 1 of Ordinance No. 44/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the 2002 Ordinance on Sanctioning of Administrative Violations.

Article 32. Sanctioning competence of other specialized inspectorates

Within the ambit of their state management competence stipulated by the Government, inspectors and chief inspectors of other specialized inspectorates have the power to sanction spam-related administrative violations in accordance with law.

Article 33. Sanctioning competence of People's Committees at all levels

Presidents of People's Committees at all levels have the powers to sanction spam-related administrative violations specified in this Decree and in the localities under their management according to their powers defined in Article 30 of the 2002 Ordinance on Sanctioning of Administrative Violations, and Clauses 4 and 5 Article 1 of Ordinance No. 44/2008/UBTVQH12 on amendments to Ordinance on sanctions against administrative violations 2002.

Article 34. Violations of regulations on management and use of emails and text messages

...

...

...

a) Failing to clearly state the purpose and scope of using electronic addresses when collecting them;

b) Users of email, text message or instant messages failing to collaborate with competent state agencies in fighting spam.

2. A fine of between VND 200,000 and VND 500,000 shall be imposed for acts of collecting electronic addresses for advertisement purposes without the consent of their owners.

3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the following acts:

a) Using collected email addresses for purposes other than those or beyond the scope already permitted by their owners:

b) Distorting header information of emails or text messages.

4. A fine of between VND 5,000,000 and VND 10.000.000 shall be imposed for acts of enabling or permitting others to use one's electronic devices for sending or forwarding spam.

5. A fine of between 20,000,000 VND and VND 40.000.000 shall be imposed for the following acts:

a) Exchanging, buying, selling or spreading electronic address collector software or the right to use such software;

...

...

...

c) Exchanging and trading lists of electronic addresses without the consent from the owners of such electronic addresses.

Article 35. Violations of regulations on labeling

A fine of between VND 10,000,000 and VND 20.000.000 shall be imposed for the following acts:

1. Labeling commercial emails improperly or insufficiently under Clauses 2 and 3, Article 10 of this Decree;

2. Labeling advertising text messages improperly or insufficiently under Clauses 2 and 3. Article 14 of this Decree.

Article 36. Violations of regulations on opt-out functions

1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the following acts:

a) Sending commercial emails without information permitting recipients to opt out of commercial emails or with such information which, however, fails to meet all conditions specified in Clause 1. Article 12 of this Decree;

b) Sending advertising text messages without information permitting recipients to opt out of advertising text messages or with such information which, however, fails to meet all conditions specified in Clause 1. Article 16 of this Decree.

...

...

...

a) Providing text message advertisement services without sufficient forms of receipt and processing of opt-out requests under Clause 2, Article 16 of this Decree;

b) Providing email advertisement services without sufficient forms of receipt and processing of opt-out requests under Clause 2. Article 12 of this Decree.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the following acts:

a) Providing text message advertisement services without a system for receiving and processing recipients' opt-out requests:

b) Providing email advertisement services without a system for receiving and processing recipients' opt-out requests;

c) Providing Internet-based text messaging services without a system for receiving and processing recipients' opt-out requests.

d) Failing to take measures for verifying the sources of instant messages;

dd) Providing content messaging services without a system that allow users to register for and refusing to use the services.

Article 37. Violations of regulations on conditions on provision of email and text message advertisement services

...

...

...

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the following acts:

a) Failing to keep the commercial emails or messages for at least 60 days;

b) Failing to store information on opt-out requests and an acknowledgement of the opt-out request for at least 60 days.

c) Keeping the opt-in emails, opt-out requests, and acknowledgement of the opt-out requests.

3. A fine of between VND 10,000,000 and VND 30.000,000 shall be imposed for the following acts:

a) Failing to supply tools for service users to choose commercial emails right on mail-receiving servers;

b) Failing to provide free mechanisms for receiving and processing notices of spam;

c) Failing Take measures to prevent loss and wrong blocking of emails of service users;

dd) Failing to promptly sending the acknowledgement of the opt-out requests from the receivers of commercial emails or advertising messages;

...

...

...

g) Sending acknowledgement of opt-out requests of advertising text messages which fails to ensure requirements specified in Clause 4, Article 16 of this Decree;

h) Failing to take measures to restrict the number speed and frequency of text messaging from a single service user.

i) Failing to provide free tools for preventing spam mails on the email server for users.

Article 38. Violations of regulations on sending commercial emails and text messages

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the following acts:

a) Sending advertising electronic emails containing a subject heading not matching the content;

b) Information on the advertising provider or advertiser in commercial emails failing to observe Clause 3, Article 11 of this Decree.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the following acts:

a) Sending commercial emails containing no or insufficient information on the advertiser as required in Clause 1, Article 11 of this Decree;

...

...

...

c) The advertising provider sending advertising text messages which contain no information on the advertising provider or contain such information which, however, fails to observe Article 15 of this Decree:

d) Failing to stop sending the kinds of commercial emails and advertising messages, or failing to stop providing content messaging services right after receiving the opt-out requests from users.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the following acts:

a) Sending more than 01 advertising email with the same contents to an email address within 24 hours without reaching an agreement with the receiver;

b) Sending more than 01 advertising message with the same contents to a subscriber number within 24 hours, or sending advertising messages outside the period from 7:00 to 22:00 every day, without reaching an agreement with the receiver;

c) Sending advertising text messages, commercial emails or instant messages with a management code different from one issued by the Ministry of Information and Communication.

4. A fine of between 20,000,000 VND and VND 40.000.000 shall be imposed for the following acts:

a) Sending commercial emails or advertising messages without the consent from the receiver;

b) Sending commercial emails or advertising messages from an electronic addresses or technical not in conformity with provisions of the Ministry of Information and Communications;

...

...

...

d) Sending commercial emails or advertising messages, without sending their copies to the technical system of the Ministry of Information and Communications;

dd) Hiding the sender's name and electronic address when sending emails and messages.

Article 39. Violations of regulations on provision of services

1. A fine of between VND 10,000,000 and VND 20.000.000 shall be imposed for the following acts:

a) Using a service server to send commercial emails that does not use the Vietnam national domain name ".vn";

b) Providing advertising email services, messaging services via the internet, and content messaging services without a website using the Vietnam’s national domain “.vn”.

c) Failing to provide sufficiently and clearly the information about the services on the website before providing the services, including: The service name, corresponding syntax, service description, instruction to use, corresponding service charge, instruction to cancel, supporting telephone, commitment to use services;

d) Using a identification name that violates the lawful rights and interests secured by other entities before the date of registration;

dd) Using an identification name identical with that of the Communist Party’s and the State’s organizations.

...

...

...

a) Providing advertising email services, advertising messaging services, or content messaging services without a management code;

b) Providing the Internet-based text messaging service without a management code;

c) Providing the email, text message or Internet-based text message service to advertising providers that have no management code issued by the Ministry of Information and Communication.

d) Using an identification name without being issued with a certificate of identification name;

dd) Advertising content messaging services on newspapers, audio news, video news, electronic news, websites, the internet, via messages and emails, without information about prices and charges;

e) Advertising content messaging services on newspapers, video news, electronic news, websites, and the internet, but the charges are not displayed together with the syntax, or the information about the prices and charges is smaller than 2/3 of the syntax;

g) Advertising content messaging services on video news, but the information about charges is sliding or running;

h) Charging error messages, messages without services, message with services but their syntax is different from that announced by the enterprise, messages that cheat users.

i) Failing to provide or to completely, correctly, or promptly provide information on the website of a telecommunication enterprise licensed to establish a mobile telecommunications network about the SMS content providers;

...

...

...

l) The enterprises that have been issued with the management codes are allowed to connect to their system to provide content messaging services and advertising messaging services after one month;

m) Failing to keep, or incompletely keeping the data as prescribed;

n) The period of keeping data is shorter than prescribed;

o) The email marketing provider or text message marketing provider does not notify the opt-out request from the receiver to the advertiser.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the following acts:

a) Providing the email advertisement service from an email-sending server not based in Vietnam;

b) Providing the Internet-based text messaging service from a text-message sending server not based in Vietnam;

c) Providing advertising messaging services without using the numbers for sending advertising messages issued by a telecommunication enterprise licensed to establish mobile telecommunications networks;

d) Failing to provide tools for receiving feedbacks about spam from users, for accepting and refusing advertising messages as guided by the Ministry of Information and Communications;

...

...

...

e) Failing to provide electronic addresses for sending advertising messages and providing content messaging services as prescribed by the Ministry of Information and Communications;

g) Failing to provide services of sending and receiving messages using identification names for the text message marketing providers or SMS content providers that have been issued with management codes by the Ministry of Information and Communications;

h) Not allowing the enterprises that have been issued with management codes to connect to their system to provide content messaging services or advertising messaging services;

i) Discriminating the providers of advertising messaging services and SMS content providers;

Article 40. Violations of regulations on charge and fee rates

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to pay charges for the provision of the opt-out function for recipients.

2. Violations related to charge rates for the email or text message advertisement service shall be handled under the Government's Decree on sanctioning of administrative violations in the pricing domain.

3. Violations related to charges and fees in the provision of email or text message advertisement services shall be handled under the Government's Decree on sanctioning of administrative violations in the charge and fee domain.

4. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for the following acts:

...

...

...

b) Providing chargeable software or chargeable website, without allowing users to accept or refuse to use services at corresponding charges.

Article 41. Violations of regulations on reporting, supply of information and inspection and examination

1. A fine of between VND 500,000 and VND 2,000,000 shall be imposed for the following acts:

a) Failing to comply with the inspection and examination of competent state agencies:

b Violating reporting regulations.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the following acts:

a) Changing the system for sending advertising text messages or emails without prior notice to the Ministry of Information and Communication:

b) Supplying insufficient on or failing to prevent spamming sources at the request of. competent state agencies;

c) Supplying insufficient information on the conditions of the system of email and text message servers at the request of competent state agencies.

...

...

...

Article 42. Violations of regulations or information safety and security

1. A fine of between VND 2,000,000 and VND 5,000.000 shall be imposed for failure to collaborate with competent state agencies in taking operation measures in accordance with law.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failure to take measures to restrict and block spam at the request of competent state agencies.

3. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed for illegally using the name or electronic address of another organization or individual when sending messages and emails.

Article 43. Additional sanction, remedies In addition to principal sanctions, depending

Depending on the nature and seriousness of their violations, organizations or individuals may be subject to one or more than one of the following additional sanctions or remedies:

1. Confiscation of material evidence and measures used in administrative violations specified in Clauses 4 and 5 of Article 34; Clause 3 of Article 36; Clause 4 of Article 38; and Clauses 2 and 3, Article 39 of this Decree;

2. Revoking management codes and identification names, applicable to the violations specified in Article 35; Point c Clause 3, Point c Clause 4 Article 38; Point d, đ Clause 1 Article 39.

3. Forced compliance with state regulations, for acts specified in Articles 34, 35, 36, 37, 38, 39, 41 and 42 of this Decree.

...

...

...

5. Temporarily suspending for 01 – 03 months, or permanently forbidding the advertising messaging, emailing, or content messaging services, applicable to the violations prescribed in Point a and b Clause 1, Clause 2, and Clause 3 Article 36; Point d Clause 2, Clause 3, and Clause 4 Article 38; Point a and b Clause 1, Point a, b, c, d, and h Clause 2, Point a, b, and e Clause 3 Article 39; Point a, b, and dd Clause 4 Article 40; and Article 41.

6. Confiscating the money collected by committing the violations prescribed in Point c Clause 5 Article 34; and Point I Clause 3 Article 37.

Chapter V.

IMPLEMENTATION

Article 44. Entry in force

This Decree comes into force after 15 days from the date on which it is published in the Official Gazette.

Article 45. Implementation

The Ministry of Information and Communication shall, within the ambit of its functions and powers, provide guidelines for this Decree.

Article 46. Implementation

...

...

...

CERTIFIED AS CONSOLIDATED DOCUMENT
PP. MINISTER
DEPUTY MINISTER




Nguyen Thanh Hung