Is it against the law for sending advertising text messages at 11p.m in Vietnam?

Is it against the law for sending advertising text messages at 11p.m in Vietnam?

Pursuant to Article 24 of the Law on Advertising in 2012 stipulating advertisements on electronic equipment, terminal devices and other telecommunication devices in Vietnam as follows:

1. Advertising by sending text messages advertising emails:

a) Organizations and individuals are only allowed to send text messages and advertising emails after obtaining the consent from the receiver;

b) The electronic information and telecommunication service providers are only allowed to send text messages and advertising emails about their services via telephones from 7.AM to 10.PM. It is prohibited to send more than 3 advertising text messages to a telephone number, more than 3 emails to an email address within 24 hours, unless otherwise agreed by the receiver;

c) Advertising organizations and individuals must ensure that the receiver is able to refuse advertisements and must immediately stop sending the advertising emails and messages when the receiver notify their refusal. The refusal notification from the receiver must not be charged.

2. Other forms of advertisements on other telecommunication devices, electronic devices and terminal devices must comply with this Law and other relevant law provisions.

As regulations above, telecommunication service provider, which sent you advertising text messages at 11p.m, is violating the law.

What are the fines for sending advertising text messages at 11p.m in Vietnam?

Pursuant to Clause 4.q, Article 94 of the Decree 15/2020/ND-CP (supplemented by Clause 32.c, Article 1 of the Decree 14/2022/ND-CP) stipulating as follows:

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of one of the following violations:

q) Sending advertising messages outside the period from 07:00 to 22:00 daily or calling advertising from 08:00 to 17:00 every day without agreement with the users;

As regulations above, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for sending advertising text messages at 11p.m in Vietnam.

Best regards!