On August 14, 2020, the Government of Vietnam issued Decree 91/2020/ND-CP on combating spam messages, spam emails, and spam calls in Vietnam.
Article table of contents
Currently, advertising through text messages, emails, and phone calls is a nightmare for citizens, as they can be annoyed by promotional messages or calls from any business at any time. This causes a lot of frustration and discomfort without any way to prevent it. Hence, Decree 91/2020/ND-CP was issued to tighten control over spam messages and widespread advertisements.
08 requirements for advertising through text messages, emails, phone calls in Vietnam from October 1 (Illustrative Image)
To be specific, Article 13 of Decree 91/2020/ND-CP sets out 08 principles for sending advertising messages, emails, and making advertising calls. Simultaneously, this Decree also introduces 08 mandatory requirements for advertising through text messages, emails, and phone calls, specifically as follows:
| Requirement | Contents of Requirement |
| For advertising messages | - The advertising message must be labeled according to the provisions in Article 15 of Decree 91. - In the case of advertising for chargeable services, full information about the service charges must be provided. - Must have an unsubscribe function as stipulated in Article 16 of Decree 91. |
| Regarding labeling of advertising messages | - All advertising messages must be labeled. - The label must be placed at the beginning of the message content. - The label should read [QC] or [AD]. |
| Regarding the function to refuse receiving advertising messages | The information section allowing Users to refuse receiving advertising messages must meet the following conditions: - Placed at the end of the advertising message and clearly expressed; - Must include instructions for Users to refuse messages they have previously subscribed to; - If necessary, the message advertiser may provide additional refusal options such as refusing one product or a group of products; - Clear guidelines on refusal as stipulated in points b and c of clause 1 and refusal methods as stipulated in clause 2 of this Article. |
| Forms of refusing advertising messages must include: - Refusal via message; - Refusal via phone call. |
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| As soon as receiving a refusal request, the advertiser must immediately send confirmation of receipt of the refusal request and cease sending the refused type of advertising message to the User. | |
| The confirmation information must ensure the following requirements: - Notify receipt of the refusal request, the time the refusal request was received, and the time to stop sending advertising messages; - Successfully sent only once and not containing advertising information. |
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| For advertising emails | - The subject must match the content, and the advertising content must comply with legal advertising regulations. - Advertising emails must be labeled according to Article 18 of this Decree. - Must include information about the advertiser as stipulated in Article 19 of this Decree. - In the case of advertising for chargeable services, full information about the service charges must be provided. - Must have an unsubscribe function as stipulated in Article 20 of this Decree. |
| Labeling of advertising emails | - All advertising emails must be labeled. - The label must be placed at the beginning of the subject. - The label should read [QC] or [AD]. |
| Regarding advertiser information in advertising emails | - Advertiser information must include name, phone number, email address, physical address, website/social media addresses (if any). - The advertiser information must be clearly expressed and placed immediately before the option for Users to refuse receiving advertising emails. |
| Regarding the function to refuse receiving advertising emails | The information section allowing Users to refuse receiving advertising emails must meet the following conditions: - Placed at the end of the advertising email and clearly expressed; - Must include a statement that Users have the right to refuse all products from the advertiser; - If necessary, the email advertiser must provide additional refusal options such as refusing one product or a group of products; - Clear guidelines on refusal as stipulated in points b, c of clause 1 and refusal methods as stipulated in clause 2 of this Article. |
| Forms of refusing advertising emails must include: - Refusal via website/social media; - Refusal via email; - Refusal via phone call. |
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| As soon as receiving a refusal request, the advertiser must immediately send confirmation of receipt of the refusal request and cease sending the refused type of advertising email to the User. | |
| The confirmation information must ensure the following requirements: - Confirm receipt of the refusal request, the time the refusal request was received, and the time to stop sending advertising emails; - Successfully sent only once and not containing advertising information. |
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| For advertising phone calls | - All advertising phone calls must provide full information about the caller (including name, address) and this information should be introduced first before delivering the advertising content. In the case of advertising for chargeable services, full information about the service charges must be provided. - If the User refuses to receive advertising phone calls, the advertiser must immediately stop calling that User. |
If advertisers, telecommunication, and Internet service providers violate these regulations, they will be fined according to Decree 15/2020/ND-CP on administrative penalties for postal services, telecommunication, radio frequencies, information technology, and electronic transactions.
For further details, refer to Decree 91/2020/ND-CP, effective from October 1, 2020, replacing Decree 90/2008/ND-CP and Decree 77/2012/ND-CP.
Le Hai
