Circular No. 12/2008/TT-BTTTT guiding the implementation of certain contents of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on combating spam mail

CIRCULAR

Guidelines for implementing certain contents of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on combating spam emails

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Pursuant to Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on combating spam emails;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,  the Ministry of Information and Communications hereby provides detailed guidelines for the implementation of issuing, extending, and revoking management codes; responsibilities of related entities and reporting and statistical systems as follows:

I. EXPLANATION OF TERMS

Internet message service provider

1. is an Internet service provider that offers services to send messages from the Internet to mobile telecommunications networks and fixed-line telecommunications networks; Email service provider

2. is an Internet service provider that offers email services; Message service provider

3. is a mobile telecommunications company or a fixed-line telecommunications company that offers messaging services. II. ISSUING, EXTENDING, AND REVOKING MANAGEMENT CODES

1. Issuing authority for management codes

The Vietnam National Cybersecurity Center (VNCERT) under the Ministry of Information and Communications.

2. Registration, extension of management codes

2.1. Email advertising service providers, message advertising service providers, and Internet message service providers (hereinafter referred to as enterprises) must register to obtain management codes before providing services.

2.2. Enterprises must submit the Application Form for Management Code Registration according to the model in Appendix 1 of this Circular to VNCERT.

The Application Form for Management Code Registration can be obtained at the website http://www.vncert.gov.vn.

2.3 Management codes have a validity period of three years from the date of issuance. For Internet message service providers, the validity period of the management code issued shall correspond to the validity period of the Internet service license and shall not exceed three years.

2.4 Extension of management codes

a) At least thirty days before the expiration of the management code, enterprises must submit the Application Form for Management Code Extension according to the model in Appendix 1 to VNCERT.

b) The maximum duration for extending a management code is three years.

3. Timeframe for issuing and extending management codes

3.1. VNCERT will examine and issue or extend management codes within fifteen working days from the date of receipt of a valid application form. In case of refusal to issue a management code, VNCERT will notify the enterprise in writing of the reasons.

3.2. Management codes issued or extended to enterprises will be notified in writing by VNCERT and published on the website http://www.vncert.gov.vn.

4. Fees for issuing and extending management codes

Organizations and individuals receiving management codes must pay fees in accordance with the laws on fees and charges.

5. Changes to registered information for management codes

When there are changes to the registered information for management codes, enterprises must notify VNCERT in writing and via email. For information listed in Section 5 of Appendix 1, notification must be made at least five days prior to the change.

6. Revocation of management codes

Management codes will be revoked in the following cases:

6.1.  a) The management code has expired without renewal;

b) The enterprise requests the revocation of the management code in writing;

c) The enterprise is dissolved or has its business registration certificate or investment certificate revoked, or is ordered by a competent state agency to cease operations in the advertising sector;

d) The enterprise is subject to administrative penalties that include the revocation of the management code.

6.2. The revocation of management codes will be notified in writing by VNCERT and published on the website

http://www.vncert.gov.vn.  6.3. From the date of revocation, the enterprise must cease using the management code.

III. RESPONSIBILITIES OF ADVERTISERS AND ADVERTISING SERVICE PROVIDERS

1. Advertisers

Advertisers are responsible for:

1.1. When sending email or message advertisements themselves, advertisers:

a) May only send email or message advertisements after the recipient agrees to:

- The type of information, products, or services advertised;

- The maximum number of email or message advertisements that can be sent within a specific time frame and the time period during which advertisements can be sent.

b) Must retain information about the recipient's consent and provide it to competent state agencies upon request.

c) When sending message advertisements through the Internet, may only use the services of Internet message service providers who have been issued management codes by VNCERT and announced on the website http://www.vncert.gov.vn.

1.2 When using email advertising services, message services, and Internet message services, advertisers may only use the services of advertising service providers and Internet message service providers who have been issued management codes by VNCERT and announced on the website http://www.vncert.gov.vn.

2. Advertising service providers

Advertising service providers are responsible for:

2.1. Retaining information about rejection requests and confirmation of rejection requests for at least sixty days after the last operation of the system;

2.2. Retaining the content of advertising emails for at least sixty days from the date of sending the email advertisement;

2.3. Implementing reporting and statistical systems as prescribed in Part VI of this Circular;

2.4. When sending message advertisements through the Internet, may only use the services of Internet message service providers who have been issued management codes by VNCERT and announced on the website http://www.vncert.gov.vn.

IV. RESPONSIBILITIES OF INTERNET MESSAGE SERVICE PROVIDERS

Internet message service providers are responsible for:

1. Labeling all messages sent from the system and placing the label at the beginning of the message content.

1. Attach a label to all messages sent from the system, and the label must be placed at the beginning of the message content.

1.1. For messages without advertising content, the label shall be in the form [Management Code]. The Management Code is the management code of the message service provider over the Internet issued by the Ministry of Information and Communications.

1.2. For advertising messages sent by advertisers, the label shall be in the form [QC Management Code]. The Management Code is the management code of the message service provider over the Internet issued by the Ministry of Information and Communications.

1.3. For advertising messages sent by advertising service providers through messages, the label shall be in the form [QC Management Code]. The Management Code includes the management code of the message service provider over the Internet and the management code of the advertising service provider through messages, separated by a comma.

2. Implement retention procedures:

2.1. Information on refusal requests and confirmation of such requests for at least 60 days of system operation following the last activity.

2.2. Content of labeled QC advertising messages for a minimum period of 60 days from the date of sending such messages.

3. Implement reporting and statistical systems as prescribed in Part VI of this Circular.

V. RESPONSIBILITIES OF ELECTRONIC MAIL SERVICE PROVIDERS, INTERNET ACCESS SERVICE PROVIDERS AND MESSAGE SERVICE PROVIDERS

1. Responsibilities of electronic mail service providers

1.1. Provide functions enabling users to select to receive various types of electronic mail directly from the mail server based on: the label and management code of advertising emails; the IP address and domain name of the sending mail server; the IP address and email address of the sender.

1.2. Deploy preventive measures to avoid mistakenly blocking user emails, including:

a) Allowing users to designate a list of trusted email exchange partners;

b) Notifying and receiving feedback from users regarding suspected spam email blocking cases;

c) Restoring mistakenly blocked emails for at least seven days from the receipt date of such emails.

1.3. Provide free functions to receive notifications about spam emails from users, including:

a) Marking spam emails directly in the online mailbox;

b) Forwarding spam emails to one or more predetermined email addresses.

1.4. Timely process notifications about spam emails from users; continuously update information about spam emails for the spam-blocking system.

1.5. Implement measures to limit spam, including:

a) Blocking spam emails sent from the email server;

b) Blocking spam emails sent to the email server.

1.6. Notify the anti-spam contact point to the VNCERT Center.  1.7. Implement reporting and statistical systems as prescribed in Part VI of this Circular.

2. Responsibilities of Internet Service Providers (ISPs)

2.1. Identify email addresses to receive spam notifications; provide free functions to receive spam email notifications by forwarding spam emails to predetermined addresses.

2.2. Timely process notifications about spam emails from users; continuously update information about spam emails for the spam-blocking system.

2.3. Implement measures to limit spam, including:

a) Blocking spam emails sent from the service network system;

b) Blocking spam emails sent to the service network system.

2.4. Notify the anti-spam contact point to the VNCERT Center.

2.5. Implement reporting and statistical systems as prescribed in Part VI of this Circular.  1.7. Implement reporting and statistical systems as prescribed in Part VI of this Circular.

3. Responsibilities of message service providers

3.1. Identify mobile phone numbers to receive spam messages; provide free functions to receive spam message notifications by forwarding spam messages to predetermined numbers.

3.2. Timely process notifications about spam messages from users; continuously update information about spam messages for the spam-blocking system.

3.3. Notify the anti-spam contact point to the VNCERT Center.

3.4. Implement reporting and statistical systems as prescribed in Part VI of this Circular.  1.7. Implement reporting and statistical systems as prescribed in Part VI of this Circular.

VI. REPORTING AND STATISTICAL REGIME

1. Reporting and Statistical Regime

1.1. Electronic mail advertising service providers must report and statistically analyze according to the monthly report model in Appendix 2A and the annual report model in Appendix 2B of this Circular.

1.2. Message advertising service providers report and statistically analyze according to the monthly report model in Appendix 3A and the annual report model in Appendix 3B of this Circular.

1.3. Internet message service providers report and statistically analyze according to the monthly report model in Appendix 4A and the annual report model in Appendix 4B of this Circular.

1.4. Electronic mail service providers implement reporting and statistical analysis according to the annual report model in Appendix 5 of this Circular.

1.5. Message service providers implement reporting and statistical analysis according to the annual report model in Appendix 6 of this Circular.

1.6. Internet access service providers implement reporting according to the annual report model in Appendix 7 of this Circular.

2. Reporting Retained Information

Before the 10th day of each month, electronic mail advertising service providers, message advertising service providers, and Internet message service providers report via email retained information on refusal requests and confirmation of such requests from the previous month.

3. Reporting Timeframe

- Monthly Report: to be completed before the 10th day of each month;

- Annual Report: to be completed before January 15th of each year;

- Ad hoc Report: when requested by the VNCERT Center.

4. Reporting Authority

VNCERT Center - Ministry of Information and Communications

Address: 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City.

Email: [email protected].

Detailed information on reporting procedures is published on the VNCERT Center's website at http://www.vncert.gov.vn.

VII. IMPLEMENTATION ORGANIZATION

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. During implementation, if there are any difficulties, please reflect them to the VNCERT Center - Ministry of Information and Communications for consideration and resolution./.

2. During implementation, if there are any issues, they should be reported to the VNCERT Center - Ministry of Information and Communications for consideration and resolution./.