Decree No. 77/2012/ND-CP Amending and Supplementing Certain Articles of Decree No. 90/2008/ND-CP dated August 13, 2008 of the Government on Spam Prevention

DECREE

Amending and supplementing some articles of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on combating spam emails

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Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP dated December 25, 2001;

Pursuant to the Law on Information Technologytodated September 2June 2024;dated June 6, 2006;

Pursuant to the Law on Telecommunications dated August 23, 1Decision No. 7/2017/NĐ-CP

Pursuant to the Law on Advertising dated February 2June 2024;0121 ENVIRONMENTJune 2024;-CP of the Government dated February 1, 2024, stipulating high-tech zones;amendPursuant to Decree No. 11/2013/NĐ-CP dated February 14, 2013 of the Government on management of investment in urban development;

Based on the Law on Administrative PenaltiesHandling dated June 20,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government promulgates this Decree stipulating the National Database on Administrative Offense Handling.

At the proposal of the Minister of Information and Communications,

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.""1. Recruitment without examination is the process of admitting students to universities, colleges, and intermediate-level vocational schools to train civil servants according to job requirements, positions, and staffing quotas; training public service employees according to job needs, positions, occupational standards, and salary funds of public institutions in areas with extremely difficult economic and social conditions and ethnic minorities who have not yet reached or have very few individuals with university, college, or intermediate-level vocational school qualifications."No. Decree No. 90/2008/NĐ-CP dated August 13,June 2024;Article 2. Organizations and individuals related to the implementation of procedures for registering foreign loans and issuing international bonds guaranteed by the Government."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."of the Government on combating spam emails.

Article 1. Amending and supplementing some articles of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on combating spam emails, as follows:

1. Amending Clause 14 of Article 3, supplementing Clauses 17, 18, 19 of Article 3 as follows:

"14. Management code is the code granted by the Ministry of Information and Communications to email advertising service providers, information message advertising service providers, content message service providers, and Internet message service providers upon approval of their registration files."logo"17. The sender's identity name used in SMS advertising activities or content message service provision activities (hereinafter referred to as the identity name) is a set of characters granted by the Ministry of Information and Communications to advertisers or content message service providers and is used to display or identify the sender's information in the provided message services."amend"Content message service is a service using messages to provide information or applications, conveniences for users."

"Message command for content message service (hereinafter referred to as the message command) is a string of characters, case-insensitive, proposed by the content message service provider to refer to a specific content message service."on p |||ồ"Service content through SMS is a service using SMS to provide information or applications, conveniences for users."

18. "Message command for content message service (hereinafter referred to as the message command) is a string of characters, case-insensitive, proposed by the content message service provider to refer to a specific content message service." "b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Amending Point d, Point e Clause 1 of Article 4, supplementing Point 1, Point m Clause 1 of Article 4 as follows:

19. "d) Taking the lead, coordinating, and directing organizations and individuals to prevent and combat spam;"ỗ"e) Receiving registration files and issuing management codes for email advertising service providers, SMS advertising service providers, content message service providers, and Internet message service providers; receiving registration files and issuing identity names for SMS advertising service providers and content message service providers;"of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs"1) Issuing regulations on number ranges for sending advertising messages and providing content message services, and regulations on issuing identity names;"i"m) Issuing related regulations on SMS advertising charges."

2. Amending Clause 6 of Article 6, supplementing Clauses 8, 9, 10 of Article 6 as follows:

"6. Exchanging, selling electronic address lists without the consent of the electronic address owner."Handling "8. Providing content message services that do not meet user requirements."

Concealing one’s name or address or impersonating another organization or individual's name or address when sending emails or messages."amendCharging usage fees for services without notifying the service user."

Article 7. Principles for sending email and SMS advertisements to organizations and individuals

1. Only permitted to send email advertisements and SMS advertisements to recipients with clear prior consent from the recipient.

3. Provincial People's Committees set specific pricesđổMust immediately stop sending email advertisements or SMS advertisements to the recipient upon receipt of a rejection request from the recipient.

Only permitted to send email advertisements and SMS advertisements from email addresses and systems in accordance with the regulations of the Ministry of Information and Communications.

When sending email advertisements and SMS advertisements, the advertising service provider must simultaneously send a copy of the content to the technical system of the Ministry of Information and Communications.

9. Not permitted to send more than one similar email advertisement to the same email address within 24 hours unless otherwise agreed with the recipient.

10. Not permitted to send more than one similar SMS advertisement to the same phone number within 24 hours and not permitted to send during the period from 7 AM to 10 PM each day unless otherwise agreed with the recipient.

4. Automatic load shedding

Advertisement content must comply with the provisions of the law on advertising."

Amending Clause 3 of Article 12, amending Clause 5 of Article 12 as follows:concerning the classification and determination of state management authority in the field of crop production"3. Upon receiving a rejection request, the advertiser or advertising service provider must immediately send confirmation of receipt of the rejection request and must immediately stop sending the rejected email advertisement to that recipient."shall "5. Advertising service providers or advertisers are not allowed to charge additional fees to implement the recipient's request to reject advertising."

2. Amending Point b Clause 3 of Article 14, supplementing Point c Clause 3 of Article 14 as follows:policies"b) [Management code] for messages sent from advertising service providers;"

3. In cases where necessary, other special characters may be used instead of "[", "]" in the label.".

4. Amending Point b Clause 1 of Article 16, amending Clause 3 of Article 16, amending Clause 5 of Article 16 as follows:This Resolution takes effect from the date it is adopted by the National Assembly."b) Must have a guide for the recipient to reject previously registered advertising messages;"

5. "3. Upon receiving a rejection request, the advertiser or advertising service provider must immediately send confirmation of receipt of the rejection request and must immediately stop sending the rejected message to that recipient."ỏa "5. Advertising service providers or advertisers are not allowed to charge additional fees to implement the recipient's request to reject advertising."

6. Amending Clause 2 of Article 17 as follows:无效 "2. Advertisers who send email advertisements themselves must:"ỏa "5. Advertising service providers or advertisers are not allowed to charge additional fees to implement the recipient's request to reject advertising."

7. Comply with the provisions of Article 9 of this Decree;"

5. Send from email servers with Vietnamese national domain names (.vn);"

Keep records of rejection requests, confirmation of rejection requests, and registration information for email advertisements;" For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Keep email advertisements for at least 60 days;"No.i đpoliciesd) Implement other business measures as required by competent state agencies."

Amending Clause 4 of Article 18, supplementing Clause 4a of Article 18 as follows:

6. "4. Keeping records of rejection requests, confirmation of rejection requests, and registration information for email advertisements;"

"4a. Keeping email advertisements for at least 60 days."

c) Supplementing Clause 4a of Article 19 as follows:đổ "4a. Providing free anti-spam tools on email servers for users."” Amending Clause 3 of Article 20 as follows:

7. ||| Amending Point b Clause 1 Article 16, amending Clause 3 Article 16, amending Clause 5 Article 16 in sequence as follows:

“b) Must have a part guiding the recipient to reject promotional messages that the user has previously subscribed to;

“3. Upon receiving a rejection request, the advertiser or service provider must immediately send confirmation information that the rejection request has been received and must cease sending lsuch promotional message to that recipient.”

“5. The service provider or advertiser shall not be permitted to charge additional fees fordevelopment implementing the requestầto terminateNo.the promotional message subscription of the recipient.”

8. Amending Clause 2 Article 17 as follows:

“2. When sending email advertisements independently, the advertiser must:

a) Comply with the provisions of Article 9 of this Decree;

b) Send from an email server with a national domain name of Vietnam (.vn);

c) Retain information about rejection requests, confirmation information about rejection requests, and registration information for email advertisement subscriptions;i Retain email advertisements for a minimum period of 60 days;

d) d) Implement other business measures as required by competent state authorities.”

Amending Clause 4 Article 18, supplementing Clause 4a Article 18 as follows:

9. “4. Retain information about rejection requests, confirmation information about rejection requests, and registration information for email advertisement subscriptions;

4a. Retain email advertisements for a minimum period of 60 days.”

Supplementing Clause 4a Article 19 as follows:

10. “4a. Provide free tools to block spam emails on email servers for users.”

Amending Clause 3 Article 20 as follows:

11. n.”

"3. Provide information and prevent sources of spam emails and harmful software at the request of state agencies."ầ"of state agencies."rime Minister cm provisiononCease providing services to customers when requested by the customer.

12. Amend Clause 2 Article 22 as follows:

"2. Advertisers who send advertising messages themselves must:

a) Comply with the provisions of Article 13 of this Decree;

b) Send advertising messages from an electronic address provided by a telecommunications enterprise licensed to establish a mobile telecommunications network;

c) Retain information about refusal requests, confirmation of refusal requests, and registration for receiving advertising messages;

d) Retain advertising messages for a minimum period of 60 days;"

Amending Clause 4 Article 18, supplementing Clause 4a Article 18 as follows:

13. Add Article 22a as follows:

"Article 22a. Domain Name

1. All organizations have the right to register and use domain names for advertising purposes via text messages and providing content services through text messages.

2. The registration and use of domain names shall be carried out according to the following principles:amendEquality, without discrimination;

a) Prior registration has priority in use;

b) Reflect seriousness to avoid misunderstandings or misrepresentations due to homophones, homonyms, or when Vietnamese is written without tone marks;

c) Not overlap with the names of political organizations or state agencies.

d) Organizations registering to use domain names must bear legal responsibility for the purpose of use, the accuracy of registration information, and ensure that the registration and use of domain names do not infringe upon the legitimate rights and interests of other organizations or individuals prior to the date of registration.

3. Procedures and formalities for obtaining a domain name:, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Organizations submit registration files to the Ministry of Information and Communications;amendRegistration files must include complete information about the organization using the domain name, including: Copies of business registration certificates, domain name registration forms;

4. Organizations registering must pay fees and charges for using domain names as prescribed by the Ministry of Finance;

a) Within five working days from the date of receipt of a valid file, the Ministry of Information and Communications is responsible for issuing a certificate of domain name; in case of rejection, the Ministry of Information and Communications must respond in writing and specify the reasons.

b) Revocation of domain names shall be carried out in the following cases:

c) Using domain names to send spam messages or provide services violating legal regulations;

d) Failure to pay domain name usage fees;

5. At the request of authorized state agencies."

a) Amend Point a Clause 1 Article 23, add Clause 3a, Clause 3b Article 23, amend Clause 4 Article 23, add Clause 4a Article 23 as follows:

b) "a) Send advertising messages from technical systems located in Vietnam and such systems must meet the requirements of the Ministry of Information and Communications."

c) "3a. Be facilitated to provide services and bear legal responsibility for all content of the services provided on the system."

14. "3b. Provide refusal requests of recipients to advertisers if the email addresses used for sending advertisements were previously provided by the advertiser." l"4. Retain registration information for receiving advertisements, refusal information, and confirmation of refusal requests."

"4a. Retain advertising messages for a minimum period of 60 days."

Add Article 23a as follows:. "Article 23a. Providers of Content Services via Text Messages

Providers of content services via text messages must meet the following conditions:

Have a website using a Vietnamese national domain ".vn"; the website must have a function allowing users to search for service information, including at least service introductions, service rates, ways to use services, and ways to refuse services;amendHave a system allowing users to register for services and a system to receive user requests to refuse services;

Have been issued a management code by the Ministry of Information and Communications.priority Procedures and formalities for obtaining a management code:

15. Organizations and individuals submit registration files to the Ministry of Information and Communications;

Registration files must include complete information about the service provider, including: Copies of business registration certificates, management code registration forms, lists of services provided;

1. Organizations and individuals registering must pay registration fees as prescribed by the Ministry of Finance;

a) Within fifteen working days from the date of receipt of a valid file, the Ministry of Information and Communications is responsible for issuing a certificate of management code; in case of rejection, the Ministry of Information and Communications must respond in writing and specify the reasons.

b) Use the management code as prescribed by the Ministry of Information and Communications.amendBe facilitated to provide services and bear legal responsibility for all content of the services provided.

c) Cease providing services to customers when requested by the customer.

2. Adhere to the following advertising regulations:

a) Comply with regulations on sending email and text message advertisements;

b) When advertising services on display media (television, paper, publications, Internet, etc.), provide information about service rates and compatible devices in Vietnamese in a clear and understandable manner. Service rate information must be displayed in the same style as the command code and have a minimum size of two-thirds the size of the command code;

c) When advertising services on audio media, immediately inform about service rates after the service usage instructions.

d) Provide full and clear information about services on the website before providing the service, including: Service name, corresponding command code, service description, usage methods, corresponding service rates, cancellation instructions, customer support phone number, agreement to use the service.No.When providing software or websites that charge for services, ensure that these software and websites allow users to confirm their agreement or disagreement to use the service at the corresponding rate.

3. Prohibit charging for services for erroneous messages, messages not provided with services, messages already provided with services but containing content different from the command code announced by the enterprise, and messages sent due to user fraud.

4. Must implement data storage:development All requests to stop providing services from users; all requests to register for using services."

5. Conduct advertising according to the following regulations:

6. Adhere to the regulations on sending email advertisements, promotional messages;

a) When advertising services on display media (television, paper, publications, Internet, etc.), provide information about service charges and suitable equipment for using the service in Vietnamese in a clear and understandable manner. Information about service charges must be displayed in the same style as the code and have a minimum size of two-thirds the size of the code;

b) When advertising services on radio, immediately announce the service charges after the usage instructions.yProvide complete and clear information about services on the website before providing the service including: Service name, corresponding code, service description, usage method, corresponding service charges, cancellation instructions, customer support phone number, agreement to use the service.|||When providing software or websites that charge for services, ensure that these software and websites allow users to confirm their agreement or disagreement to use the service at the corresponding rate.

c) Shall not charge for services related to erroneous messages, messages without provided services, messages already providedJune 2024;but with content different from the code announced by the enterprise, messages due to user fraud.

7. Must implement data storage:

8. All requests to stop providing services by users; all requests to register for service use;

9. Violations of the law as required by competent state authorities For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Implement reporting and statistics according to the guidance of the Ministry of Information and Communications.”

10. Registering to receive, rejecting promotional messages according to the guidance of the Ministry of Information and Communications.”

a) Providing content services through messages according to the regulations of the Ministry of Information and Communications.”

b) Messages sent by users and messages sent by enterprises during a minimum period of 01 year;No.Users' complaints during a minimum period of 01 year.

c) Implement measures to prevent spam messages and service-providing messages that violate the law at the request of competent state agencies.

11. Carry out reporting and statistics according to the guidelines of the Ministry of Information and Communications. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Other..

12. Cooperate with domestic and foreign service providers of messages

16. Amend Clauses 2, 6, 7 of Article 24, and supplement Clauses 2a, 2b, 2c, 2d, 5a, 5b, 5c, 5d, 5đ, 5e, 6a, 7a, 7b, 7c of Article 24 as follows:

"2. Provide tools for receiving user feedback on spam messages, tools for registering to receive, and refusing promotional messages according to the guidelines of the Ministry of Information and Communications."amendto prevent spam messages.”

"2a. Guide subscribers to report spam messages and respond to notifications about received spam messages."

2b. Deploy a system to block spam messages with a minimum capability to block spam messages based on sender source and keywords in message content.

2c. Implement measures to assess the status of spam messages on their mobile networks according to the guidelines of the Ministry of Information and Communications.

2d. Provide email addresses for advertising message sending activities and content service provision through messages as prescribed by the Ministry of Information and Communications. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Charges when sent to service users.”

"5a. Provide services allowing the sending and receiving of messages, services allowing the sending and receiving of messages using a name identifier for SMS advertising service providers and content service providers through messages that have been assigned management codes by the Ministry of Information and Communications. Service provision agreements shall be carried out according to the guidelines of the Ministry of Information and Communications.

5b. Within the latest one month, allow enterprises that have been assigned management codes to connect technically with their systems to provide content services through messages and SMS advertising services.

5c. Not discriminate between SMS advertising service providers and content service providers through messages that are subsidiaries of their own and other SMS advertising service providers and content service providers through messages.ắFor a minimum period of 60 days;

5d. Publish and update on their websites all information about content service providers through messages, including at least: Provider's name, start date of operation, address, contact phone number, services provided and corresponding rates, customer care phone number.

5) Vehicle registration certificate or certificate of vehicle deregistration or export certificate or ownership certificate of the vehicle issued by the competent authority of the exporting country or other documents of equivalent legal value: one certified Vietnamese translation from the original for cases of temporary import of movable property vehicles; Refund service fees upon request from content service providers through messages; notify users about the refund.

5e. Block, handle, and refund service fees for content services through messages that have not been assigned management codes."

“6. Limit the frequency of messages sent from each sender source, block messages that pose a risk of causing information security breaches according to the regulations of the Ministry of Information and Communications.

6a. Block and reclaim telephone numbers used to disseminate spam messages.

7. Guide the registration of activities for sports clubs, grassroots physical education and sports facilities, and cheerleading clubs.nationalReceiving; trb) Providing email advertising services, messaging services over the Internet, content services through messages without a website using a national domain name of Vietnam

"7a. Comply with coordination requirements to block and handle spam messages from the Ministry of Information and Communications; implement requests to process spam message notifications and feedback from the Ministry of Information and Communications.

7b. Provide information to support anti-spam activities according to the requirements of competent state agencies.

7c. Block fake-sourced spam messages when they are sent to service users."up to 4 tonsregistered earlier than the date of registration of another organization or individual;

17. Amend Point b Clause 1 Article 25 as follows:

"b) Have measures to verify the source of messages sent over the Internet."

18. Amend Point c Clause 5 Article 34 as follows:

"c) Exchange or sell email lists without the consent of the email owner."đổ.”

19. Amend the title of Article 36 and supplement Points d, đ Clause 3 Article 36 as follows:

"Article 36. Violations of refusal function provisions"

"d) Lack measures to verify the source of messages sent over the Internet;

đ) Provide content services through messages without a registration system for using the service and receiving requests to refuse the service."

20. Amend Point a Clause 2, supplement Point c Clause 2, amend Point đ Clause 3, and supplement Point i Clause 3 Article 37 as follows:

“a) Do not retain emails or promotional messages for a minimum period of 60 days;This Resolution takes effect from the date it is adopted by the National Assembly.Or providing advertising services by messages;”

“c) Do not retain subscription information for promotional messages, refusal request information, and confirmation information for refusal requests.

“đ) Do not immediately send confirmation information that a refusal request has been received from the email recipient or promotional message recipient;”

“i) Do not provide free spam email blocking tools on email server for users."

21. Amend Point d Clause 2, amend Points a, b Clause 3, amend Points a, b Clause 4, and supplement Points d, đ Clause 4 Article 38 as follows:

"d) Do not stop sending similar promotional emails or promotional messages or cease providing content services through messages immediately after receiving a refusal request from the recipient."

"a) Send more than one promotional email with similar content to an email address within 24 hours without prior agreement;ớtryThis Resolution takes effect from the date it is adopted by the National Assembly.Registering to receive and rejecting promotional messages according to the guidance of the Ministry of Information and Communications;

b) Send more than one promotional message with similar content to a subscriber within 24 hours or send promotional messages outside the time frame from 7 to 22 hours daily without prior agreement;"ớ"a) Send promotional emails or promotional messages without the recipient's consent;

Send promotional emails or promotional messages from email addresses or technical systems not in accordance with the regulations of the Ministry of Information and Communications;"

b) "d) Send promotional emails or promotional messages but do not send copies of the content to the technical system of the Ministry of Information and Communications;

đ) Conceal their name and email address when sending emails or messages."

Amend Point b Clause 1, supplement Points c, d, đ Clause 1, amend Point a Clause 2, and supplement Points d, đ, e, g, h, i, k,

22. , m, n, o Clause 2, and supplement Points c, d, đ, e, g, h, i Clause 3 Article 39 as follows: lb) Provide email advertising sending services, internet messaging services, and content services through messages without a website using a Vietnamese country domain name.

“Providing software or websites that charge for services withoutithe function allowing users to confirm their agreement or disagreement “.va) The individual graduates from a professional art school until the time of reviewing the application for the title "People's Artist", "Outstanding Artist" at the grassroots-level Council;.”

“c) Failing to provide complete and clear information about services on the website before providing the service, including: Service name, corresponding command code, service description, usage method, corresponding service fee, instructions for canceling the service, customer support phone number, agreement to use the service;icommitment to agree to use the service;

d) Using a domain name that infringes upon the lawful rights and interests of organizations or individuals that existed prior to the registration date;nationalto use the service

d) Using a domain name identical to the name of a political party organization or state agency.”

“a) Providing For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;advertising services via email, advertising services via messages, or content services via messages without being assigned a management code;”

“d) Using a domain name without obtaining a domain name certification certificate;

d) Advertising content services via messages in print newspapers, radio broadcasts, television broadcasts, online newspapers, websites, the Internet, messages, emails, but not providing information about prices or fees;

e) Advertising content services via messages in print newspapers, television broadcasts, online newspapers, websites, the Internet, but the fee is not displayed together with the command code or information about prices or fees, which are smaller than two-thirds the size of the command code;

g) Advertising content services via television broadcasts where price information is scrolled or runs off the screen;

h)||| Charging fees for error messages, messages for which no service was provided, messages for which a service was provided but the content differs from the command code announced by the enterprise, or messages sent due to user fraud;

i) Failing to provide or providing incomplete, inaccurate, or untimely information on the website of the telecommunications enterprise licensed to establish a mobile telecommunications network regarding the service provider of content services via messages;

k) Failing to guide subscribers to send spam message notifications and respond to spam message notifications received;

l) Delaying more than one month before allowing enterprises that have been assigned a management code to connect technically with their system to provide content services via messages or advertising services via messages;ắat the corresponding rate.

m) Failing to store or storing incomplete data as required;

n) Storing data for a shorter period than required;

o) The provider of email advertising services or the provider of message advertising services does not provide the refusal request of the recipient to the advertiser;”

“c) Providing advertising services via messages without using the sender's number for advertising messages issued by the telecommunications enterprise licensed to establish a mobile telecommunications network;”

d) Failing to provide tools to receive spam message notifications from users, tools for registering to receive and refuse advertising messages according to the guidelines of the Ministry of Information and Communications;amendVND for

d) Failing to implement a minimum spam message blocking system capable of blocking spam messages based on the sender and keywords in the message content;

e) Failing to provide an electronic address for sending advertising messages, activities providing content services via messages as prescribed by the Ministry of Information and Communications;

g) Failing to provide messaging sending and receiving services, messaging sending and receiving services using domain names for providers of advertising services via messages or providers of content services via messages that have been assigned a management code by the Ministry of Information and Communications;

h)||| Failing to allow enterprises that have been assigned a management code to connect technically with their system to provide content services via messages or advertising services via messages;

i) Discriminating between providers of advertising message services, providers of content services via messages;”

23. Supplement Clause 4 Article 40 as follows:

“4. Imposing a fine of VND 60,000,000 to VND 80,000,000 for the following actions:

a) Failing to refund charges at the request of the provider of content services via messages or failing to notify the user about the charge refund;ắProviding software or websites that charge fees without functions allowing users to confirm their agreement or disagreement to use the service at the corresponding fee level;

b) violating the provisions of Point c Clause 5 Article 34; Point i Clause 3 Article 37.”shall Replacing the concept of “service provider” with “telecommunications enterprises licensed to establish mobile telecommunications networks” in Points a Clause 1 Article 23, Clause 7 Article 24, Clause 2 Article 26, Point d Clause 3 Article 37, Point c Clause 3 Article 39.ồEffective from January 1, 2013.ớProvincial People's Committees, cities directly under the Central Government, organizations and individuals concerned are responsible for implementing this Decree./.”

24. Supplement Clause 3 Article 42 as follows:

“3. Imposing a fine of VND 60,000,000 to VND 80,000,000.000,000 VNDNo.for the following actions: Sending emails or messages under false names or false electronic addresses of other organizations or individuals;ắn.”

25. Amending Clause 2, Clause 4, Clause 5 Article 43, supplementing Clause 6 Article 43 as follows:

“2. Revoking the management code, domain nameNo.in cases of violations stipulated in Article 35; Point c Clause 3, Point c Clause 4 Article 38; Point d, đ Clause 1 Article 39.”

“4. Compelling the return of funds improperly used or collected due to administrative violations caused by violations stipulated in Point h Clause 2 Article 39; Point a, b Clause 4 Article 40.

5. Temporarily suspending operations for one to three months or permanently suspending operations for email advertising, message advertising, and content service provision via messages for violations stipulated in Points a, b Clause 1, Clause 2, Clause 3 Article 36; Point d Clause 2, Clause 3, Clause 4 Article 38; Points a, b, c, d, h Clause 2, Points a, b, e Clause 3 Article 39; Points a, b, đ Clause 4 Article 40; Article 41i“6. Compelling the recovery of funds obtained through violations stipulated in Point c Clause 5 Article 34; Point i Clause 3 Article 37.”iReplacing the term "service provider of messages" with "telecommunications enterprise licensed to establish a mobile telecommunications network" in Points a Clause 1 Article 23, Clause 7 Article 24, Clause 2 Article 26, Point d Clause 3 Article 37, Point c Clause 3 Article 39., Effective from January 1, 2013..”

Provinces and centrally governed cities' people's committees, relevant organizations, and individuals are responsible for implementing this Decree./.ớfor the violation stipulated at Point c Clause 5 Article 34; Point i Clause 3 Article 37.”

26. Replace the concept of “message service provider” with “telecommunications enterprise licensed to establish mobile telecommunications networks” in Points a Clause 1 Article 23, Clause 7 Article 24, Clause 2 Article 26, Point d Clause 3 Article 37, Point c Clause 3 Article 39.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThis Decree takes effect from January 1, 2013.

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from July 1, 2013, and replaces the following Decrees: No. 67/2003/NĐ-CP dated June 13, 2003, No. 04/2007/NĐ-CP dated January 8, 2007, and No. 26/2010/NĐ-CP dated March 22, 2010 of the Government on environmental protection fees for wastewater. lProvincial People's Committees, centrally governed city people's committees, relevant organizations and individuals are responsible for implementing this Decree./.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen DECREES:y ban nhân dân các tỉnh, thành phố trực thuộc Trung ương, các tổ chức và cá nhân có liên quan chịu trách nhiệm thi hành Nghị định này./.