This is a notable new content stipulated in Decree 91/2020/ND-CP on combating spam messages, spam emails, and spam calls issued by the Government of Vietnam on August 14, 2020.
Article table of contents
Fine of 100 million VND for sending messages, making promotional calls to the Do-Not-Call list (Illustrative image)
To be specific, Article 7 of Decree 91/2020/ND-CP stipulates that the Do-Not-Call list is a collection of phone numbers where the users of those phone numbers have registered not to accept any promotional messages, promotional registration messages, or promotional calls. Specifically:
- Organizations and individuals using telecommunication services have the right to register into or withdraw from the Do-Not-Call list for phone numbers under their lawful use.
- Advertisers and enterprises providing telecommunication and Internet services are not allowed to make promotional calls, send promotional registration messages, or send promotional messages to any phone number in the Do-Not-Call list.
- The Ministry of Information and Communications (Cybersecurity Administration) organizes the construction, maintenance, and operation of the management system for the Do-Not-Call list, guides users on how to register into or deregister from the Do-Not-Call list and publicizes, allows searching the Do-Not-Call list on the Ministry of Information and Communications (Cybersecurity Administration) portal/website.
According to Article 32 of Decree 91/2020/ND-CP, the act of sending promotional messages or making promotional calls to phone numbers in the Do-Not-Call list will be fined from 80,000,000 VND to 100,000,000 VND.
Additionally, Decree 91/2020/ND-CP also stipulates that the following acts will be fined from 140,000,000 VND to 170,000,000 VND:
- Failure to implement measures to prevent promotional messages, promotional calls to the Do-Not-Call list;- Failure to prevent, retrieve electronic addresses used to spread spam messages, spam emails, spam calls as required by the competent state authority;- Failure to build and operate technical systems to prevent spam messages, spam emails, spam calls;- Failure to build and connect their technical system managing identifiers to the national identifier management system;- Failure to execute tasks of coordinating prevention and handling of spam emails, spam calls, and other professional measures as required by the Ministry of Information and Communications (Cybersecurity Administration).
For more details, please refer to Decree 91/2020/ND-CP, effective from October 1, 2020.
Le Hai
