Decree No. 90/2008/ND-CP on Spam Prevention

DECREE

On combating spam

_______

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Based on the Telecommunications Law dated May 25, 2002;

Based on the Advertising Ordinance dated November 16, 2001;

Based on the Administrative Offense Handling Ordinance dated July 2, 2002; and the Ordinance amending certain articles of the Administrative Offense Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates on combating spam; rights and obligations of agencies, organizations, and individuals related to this matter (hereinafter referred to collectively as organizations and individuals).

Article 2. Applicability

This Decree applies to organizations and individuals related to email exchange services and message services in Vietnam.

In cases where international treaties related to combating spam, to which Vietnam is a member, have different provisions from this Decree, the provisions of such international treaties shall be applied.

Article 3. Explanation of Terms

Within the scope of this Decree, the following terms are understood as follows:

1. Spam (thư rác) means electronic mail or messages sent to recipients who do not desire or are not legally obligated to receive them. Spam under this Decree includes email spam and message spam.

2. Data message means information created, transmitted, received, and stored through electronic means.

3. Information Infrastructure Information infrastructure

4. 3. Method of receiving reply documents: (Choose one of the two methods below) means a system of equipment serving the production, transmission, collection, processing, storage, and exchange of digital information, including telecommunications networks, the Internet, computer networks, and databases.

5. Email address means an address that users can use to receive or send data messages through the information infrastructure.

6. Email address is an address used for sending or receiving emails, including the user's login name combined with the Internet domain name.

7. Message means a data message sent to a telephone, messaging device, or other device capable of receiving messages.

8. Email subject means the part of the information attached to the email content including information about origin, destination, route, topic, and other information about the email.

9. Email topic is a part of the subject highlighting the main content of the email.

10. Message subject means the part of the information attached to the message content including but not limited to the origin and time of sending the message.

11. Advertising email, advertising message means an email or message aimed at introducing to consumers the activities of organizations and individuals engaged in business, social activities, goods, and services, including both profit-making and non-profit-making services.

12. Advertiser means an organization or individual wishing to advertise their business activities, goods, or services.

13. Advertising service provider means an organization providing services to send advertising emails or messages to recipients.

14. Management code means the code issued by the Ministry of Information and Communications to advertising email service providers, advertising message service providers, and Internet message service providers upon approval of the registration dossier of these entities.

15. Import Declaration number, date is the code assigned by the advertising service provider to each product. The product code may include information about the product group for the purpose of classifying advertised products.

16. Owner of the email address means the person who creates or is granted that email address.

Article 4. Content and State Management Responsibilities for Combating Spam

1. Content of State Management for Combating Spam:

a) Drafting, promulgating, publicizing, disseminating, and organizing the implementation of regulatory legal documents and technical standards related to combating spam;

b) Publicizing awareness and responsibility for preventing and combating spam among users and other relevant parties;

c) Compiling and disseminating lists of sources disseminating spam;

d) Leading and coordinating with relevant units in handling spam;

đ) Receiving notifications and complaints about spam;

e) Accepting registration files and issuing management codes for email advertising service providers, message advertising service providers, and internet messaging service providers;

g) International cooperation in combating spam;

h) Researching and implementing solutions to combat spam;

i) Managing statistics on spam;

k) Inspecting, supervising, resolving complaints and accusations, and handling violations.

2. The Ministry of Information and Communications shall be responsible for leading and coordinating with relevant ministries and ministerial-level agencies to implement state management for combating spam.

3. Other ministries and ministerial-level agencies shall be responsible for coordinating with the Ministry of Information and Communications in anti-spam activities.

Article 5. Classification of Spam

1. Emails and messages with fraudulent, harassing, or malicious purposes, including the dissemination of computer viruses, harmful software, or violations of Clause 2, Article 12 of the Law on Information Technology.

2. Email advertisements and message advertisements that violate the principles of sending email advertisements and message advertisements as stipulated in Articles 7, 9, and 13 of this Decree.

Article 6. Prohibited Acts

1. Sending spam.

2. Altering the subject information of emails or messages with the purpose of sending spam.

3. Creating conditions or allowing the use of electronic means under their control to send or forward spam.

4. Exchanging, selling, or disseminating software for collecting email addresses or rights to use such software.

5. Using software to collect email addresses without the permission of the email address owner.

6. Exchanging, selling, or disseminating email address lists or rights to use such lists for the purpose of sending spam.

7. Other violations as prescribed by law.

Chapter II

EMAIL ADVERTISING AND MESSAGE ADVERTISING

Section 1

 GENERAL PRINCIPLES

Article 7. Principles for Sending Email Advertisements and Message Advertisements

1. Organizations and individuals, except for advertising service providers, may only send email advertisements and message advertisements with prior consent from the recipient.

2. Advertising service providers may continue to send email advertisements and message advertisements until the recipient refuses further receipt thereof.

3. Within 24 hours of receiving a refusal request, advertisers or advertising service providers must cease sending email advertisements or message advertisements previously refused by the recipient, except in cases of force majeure.

4. Advertising service providers may only send email advertisements and message advertisements from systems registered with the Ministry of Information and Communications containing technical information.

5. Email advertising service providers may not send more than five email advertisements to a single email address within 24 hours unless otherwise agreed with the recipient.

6. Message advertising service providers may not send more than five message advertisements to a single phone number within 24 hours and may only send during the period from 7:00 AM to 10:00 PM daily unless otherwise agreed with the recipient.

Article 8. Principles for collecting and using electronic addresses for advertising purposes

1. Electronic addresses may only be collected for advertising purposes with the consent of the owner of such electronic address.

2. The purpose and scope of use must be clearly stated when collecting electronic addresses.

3. Electronic addresses must be used within the permitted purpose and scope as agreed by the owner of such address.

Section 2

ADVERTISING ELECTRONIC MAIL

Article 9. Requirements for advertising electronic mail

1. The subject must be appropriate to the content, and the advertising content must comply with the relevant laws on advertising.

2. Advertising electronic mail must be labeled in accordance with Article 10 of this Decree.

3. Information about the advertiser must be provided in accordance with Clause 1 and Clause 3 of Article 11 of this Decree.

4. In cases where advertising services are used, information about the advertising service provider must also be provided in accordance with Clause 2 and Clause 3 of Article 11 of this Decree.

5. A refusal function must be available in accordance with Article 12 of this Decree.

Article 10. Provisions on labeling advertising electronic mail

1. All advertising emails must be labeled.

2. The label must be placed at the beginning of the subject line.

3. The label shall be in the following form:

a) [QC] or [ADV] for electronic mail sent from the advertiser;

b) [QC Management Code] or [ADV Management Code] for electronic mail sent from the advertising service provider. The management code is defined in Clause 14 of Article 3 of this Decree.

Article 11. Provisions on information of the advertising service provider and the advertiser through electronic mail

1. Information about the advertiser includes name, telephone number, email address, physical address, and website address (if applicable).

2. Information about the advertising service provider includes name, telephone number, email address, physical address, website address, product management code (if applicable).

3. Information about the advertising service provider and the advertiser through electronic mail must be clearly displayed and placed immediately before the section allowing the recipient to refuse receipt of advertising electronic mail.

Article 12. Provisions on the refusal function for advertising electronic mail

1. The section allowing the recipient to refuse receipt of advertising electronic mail must meet the following conditions:

a) Placed at the end of the advertising electronic mail and clearly expressed in Vietnamese and English;

b) Must include a statement that the recipient has the right to refuse all products from the advertiser. In cases where advertising services are used, it must include a statement that the recipient has the right to refuse all advertising products from the advertising service provider;

c) If necessary, the advertising service provider through electronic mail may provide additional refusal options such as refusing a single product or a group of products;

d) Clear instructions on the levels of refusal according to points b and c of Clause 1 and the forms of refusal as stipulated in Clause 2 of this Article.

2. The form of refusal for advertising electronic mail must include:

a) Refusal through the website;

b) Opting out via email;

c) Opting out via telephone.

3. Upon receiving a refusal request, the advertiser or advertising service provider must immediately send confirmation of receipt of the refusal request and cease sending the type of advertising electronic mail that was refused to the recipient within 24 hours, except in cases of force majeure.

4. Confirmation information must satisfy the following requirements:

a) Include a statement confirming receipt of the refusal request, the time of receipt of the refusal request, and the deadline for ceasing to send advertising electronic mail;

b) Can only be successfully sent once and must not contain advertising information.

5. The advertising service provider must bear any costs arising from the use of the refusal function by the recipient.

Section 3

ADVERTISING TEXT MESSAGES

Article 13. Requirements for advertising messages

1. Advertising messages must be labeled in accordance with the provisions of Article 14 of this Decree.

2. In cases where advertising services are used, additional information about the advertising service provider must be provided in accordance with the provisions of Article 15 of this Decree.

3. There must be a function to refuse messages in accordance with the provisions of Article 16 of this Decree.

Article 14. Provisions on labeling advertising messages

1. All advertising messages must be labeled.

2. The label must be placed at the beginning of the message content.

3. The label shall be in the following form:

a) [QC] or [ADV] for messages sent from advertisers;

b) [QC Management Code] or [ADV Management Code] for messages sent from advertising service providers. The management code is defined in Clause 14, Article 3 of this Decree.

Article 15. Provisions on information of advertising service providers through messages

1. Information about advertising service providers through messages includes the management code and product code (if applicable).

2. Information about advertising service providers through messages must be included in the labeling section as prescribed in Clause 3, Article 14 of this Decree.

Article 16. Provisions on the function to refuse receiving advertising messages

1. The information allowing the recipient to refuse receiving advertising messages must meet the following conditions:

a) Placed at the end of the advertising message and clearly displayed in Vietnamese;

b) Must include a statement that the recipient has the right to refuse all products from the advertiser. In cases where advertising services are used, it must include a statement that the recipient has the right to refuse all advertising products from the advertising service provider;

c) In necessary cases, advertising service providers may provide additional refusal options such as refusing a specific product or a group of products;

d) Clear instructions on the levels of refusal according to points b and c of Clause 1 and the forms of refusal as stipulated in Clause 2 of this Article.

2. The refusal form for receiving advertising messages must include:

a) Refusal by message;

b) Refusal via telephone.

3. Upon receipt of a refusal request, the advertiser or advertising service provider must immediately send confirmation of receipt of the refusal request and cease sending the type of advertising message that has been refused within 24 hours, except in cases of force majeure.

4. Confirmation information must satisfy the following requirements:

a) Notification of receipt of the refusal request, the time of receipt of the refusal request, and the deadline for ceasing to send advertising messages;

b) Can only be successfully sent once and must not contain advertising information.

5. The advertising service provider must bear any costs arising from the use of the refusal function by the recipient.

Chapter III

ELECTRONIC MAIL, MESSAGE

Section 1

 ELECTRONIC MAIL

Article 17. Organizations and individuals sending electronic mail and organizations and individuals using advertising services through electronic mail

1. All organizations and individuals have the right to send electronic mail for their own needs in compliance with the provisions of this Decree and other relevant regulations.

2. In cases where the recipient agrees to receive advertising emails, organizations and individuals sending advertising emails must comply with the provisions of Article 9 of this Decree.

3. When using advertising services through electronic mail, advertisers are only permitted to use the services of electronic mail advertising service providers who have been granted a management code by the Ministry of Information and Communications.

Article 18. Electronic Mail Advertising Service Providers

1. Electronic mail advertising service providers must meet the following conditions:

a) Possess an electronic information website and email advertising service server located in Vietnam and using the Vietnamese national domain ".vn";

b) Have a system for receiving and processing recipients' refusal requests in accordance with the provisions of Article 12 of this Decree;

c) Have been granted a management code by the Ministry of Information and Communications.

2. Procedures and formalities for obtaining a management code:

a) Organizations and individuals submit registration applications to the Ministry of Information and Communications;

b) The registration application must include complete information about the organization or individual providing electronic mail advertising services, technical information consistent with the requirements set out in Clause 1 of Article 18 of this Decree. The application form follows the model (Annex I) issued together with this Decree;

c) Organizations and individuals applying for registration must pay the registration fee;

d) Within 15 days from the date of receiving a valid application, the Ministry of Information and Communications is responsible for issuing the registration; in case of rejection, the Ministry of Information and Communications must respond in writing and specify the reasons.

3. Notify the Ministry of Information and Communications in advance when changing the email advertising sending system.

4. Retain information about refusal requests and confirmation of refusal requests for a minimum period of 60 days.

5. Report and statistically analyze periodically in accordance with the regulations of competent state agencies.

6. Cooperate with competent state agencies to implement other operational measures as prescribed by law.

Article 19. Service Providers of Email Services

1. Implement measures to raise awareness and guide users on how to prevent and combat spam emails.

2. Provide tools for users to select receipt of various types of promotional emails directly from the email server.

3. Implement measures to avoid loss and prevent misdelivery of users' emails.

4. Provide free tools for receiving and processing notifications about spam emails from users.

5. Provide information related to the status of email server systems upon request of competent state agencies.

6. Implement measures to limit spam emails as required by competent state agencies.

7. Shall not provide email services to email advertising service providers who have not been assigned management codes by the Ministry of Information and Communications.

8. Retain email headers for a minimum period of 60 days.

9. Report and statistically analyze periodically as prescribed by competent state agencies.

10. Coordinate with competent state agencies to implement other operational measures as prescribed by law.

Article 20. Service Providers of Internet Access Services

1. Implement measures to raise awareness and guide users on how to prevent and combat spam emails.

2. Provide free mechanisms for receiving and processing notifications about spam emails from users.

3. Provide information and block sources of spam emails as required by competent state agencies.

4. Coordinate with domestic and international Internet service providers to limit spam emails.

5. Implement measures to limit spam emails as required by competent state agencies.

6. Cooperate with competent state agencies to implement other operational measures as prescribed by law.

Article 21. Email Users

1. Comply with regulations on sending emails as stipulated in this Decree.

2. Provide information about spam emails to email service providers, Internet service providers, and competent state agencies.

3. Coordinate with competent state agencies in combating spam emails.

Section 2

MESSAGE EXCHANGE

Article 22. Organizations and Individuals Sending Messages and Organizations and Individuals Using Message Advertising Services

1. All organizations and individuals have the right to send messages for their own needs in accordance with the provisions of this Decree and other relevant regulations.

2. In cases where the recipient agrees to receive promotional messages, organizations and individuals sending promotional messages must comply with the provisions of Article 13 of this Decree.

3. When using message advertising services, advertisers may only use the services of message advertising service providers that have been assigned management codes by the Ministry of Information and Communications.

Article 23. Service Providers of Message Advertising Services

1. Service providers of message advertising services must meet the following conditions:

a) Use message advertising numbers provided by Vietnamese message service providers;

b) Have a system to receive and process recipients' rejection requests as stipulated in Article 16 of this Decree;

c) Have been granted a management code by the Ministry of Information and Communications.

2. Procedures and formalities for obtaining a management code:

a) Organizations and individuals submit registration applications to the Ministry of Information and Communications;

b) The registration dossier must fully reflect information about the organization or individual providing message advertising services, technical information consistent with the requirements set out in Clause 1 of Article 23 of this Decree. The application form (Annex II) issued together with this Decree;

c) Organizations and individuals applying for registration must pay the registration fee;

d) Within 15 days from the date of receiving a valid dossier, the Ministry of Information and Communications shall be responsible for issuing the registration; in case of refusal, the Ministry of Information and Communications must respond in writing and specify the reasons.

3. When changing the message advertising sending system, prior notice must be given to the Ministry of Information and Communications.

4. Retain information about refusal requests and confirmation of refusal requests for a minimum period of 60 days.

5. Report and statistically analyze periodically in accordance with the regulations of competent state agencies.

6. Cooperate with competent state agencies to implement other operational measures as prescribed by law.

Article 24. Service Providers of Messaging Services

1. Implement measures to raise awareness and guide users on how to prevent and combat spam messages.

2. Provide free tools for receiving and processing notifications about spam messages from users.

3. Provide information related to the status of the messaging system upon request of competent state agencies.

4. Implement measures to block spam messages as required by competent state agencies.

5. Shall not provide messaging services to advertising service providers who have not been assigned management codes by the Ministry of Information and Communications.

6. Implement measures to limit the number, speed, and frequency of messages sent by a single user.

7. Coordinate with domestic and foreign messaging service providers to prevent spam messages.

8. Report and statistically analyze periodically as prescribed by competent state agencies.

9. Coordinate with competent state agencies to implement other operational measures as prescribed by law.

Article 25. Service Providers of Messaging Services via the Internet

1. Organizations and individuals providing messaging services via the Internet must meet the following conditions:

a) Possess a website using a .vn domain name and a server for sending messages located in Vietnam;

b) Have a system for receiving and processing requests to refuse messages from one or more users;

c) Have been granted a management code by the Ministry of Information and Communications.

2. Procedures and formalities for obtaining a management code:

a) Organizations and individuals must register and submit application forms to the Ministry of Information and Communications;

b) The application form must fully reflect information about the organization or individual providing messaging services via the Internet, technical information consistent with the requirements set out in Clause 1 of this Article. The application form follows the model (Annex III) issued together with this Decree;

c) Organizations and individuals applying for registration must pay the registration fee;

d) Within fifteen days from the date of receipt of a valid application, the Ministry of Information and Communications shall be responsible for issuing the registration. In case of rejection, the Ministry of Information and Communications must respond in writing and specify the reasons.

3. Provide free mechanisms for receiving and processing notifications about spam messages from users.

4. Implement measures to limit the number, speed, and frequency of messages sent by a single user.

5. Implement measures to block spam messages as required by competent state agencies.

6. Report and statistically analyze periodically as prescribed by competent state agencies.

7. Coordinate with competent state agencies to implement other operational measures as prescribed by law.

Article 26. Users of Messaging Services

1. Comply with regulations on sending messages as stipulated in this Decree.

2. Provide information about spam messages to messaging service providers, messaging service providers via the Internet, and competent state agencies.

3. Coordinate with competent state agencies in combating spam.

Chapter IV

COMPLAINTS, REPORTING AND HANDLING VIOLATIONS

Article 27. Dispute Resolution

Disputes between parties regarding the provision and use of email and messaging services for public advertising shall be resolved based on contracts between the parties and relevant laws.

Article 28. Complaints, Reporting and Handling of Complaints and Reports

1. Organizations and individuals subject to penalties for spam violations or their legitimate representatives have the right to appeal against the penalty decision of the authority. During the period awaiting the resolution of the appeal by the competent state agency, organizations and individuals subject to penalties must still comply with the penalty decision.

2. Citizens have the right to report violations of spam to competent authorities, organizations, or individuals according to the provisions of the law on complaints and reports.

3. Citizens have the right to report illegal acts of administrative penalty authorities to competent authorities, organizations, or individuals according to the provisions of the law on complaints and reports.

4. Competent authority, procedures, steps, deadlines for complaints, reporting, handling of complaints and reports, and administrative litigation shall be implemented in accordance with the provisions of the law.

Article 29. Compensation for Damage

1. Organizations and individuals sending spam causing damage to other organizations and individuals shall be liable for compensation.

2. The amount of compensation for damage shall be negotiated and agreed upon by the sender of spam and the damaged party based on principles prescribed by law. In cases where the parties cannot reach an agreement, the amount of compensation shall be determined by the Decision of the Court.

Article 30. Inspection and Supervision

1. Organizations and individuals providing and using email advertising services and text message services shall be subject to inspection and supervision by competent state agencies in accordance with the provisions of the law.

2. Inspections of organizations and individuals participating in the management, provision, and use of email advertising services and text message services shall be conducted in accordance with the provisions of the law on inspections.

Article 31. Competence to Impose Administrative Penalties for Spam of Specialized Inspectors in Information and Communications

1. Specialized inspectors in information and communications performing their duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate objects and means used to commit administrative violations up to a value of VND 2,000,000;

d) To apply measures to remedy consequences as stipulated in Clause 3, Clause 4 of Article 43 of this Decree;

đ) To exercise rights provided for in Subpoint 2, Clause 19 of Article 1 of Ordinance No. 44/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2002;

2. Heads of specialized inspectors in information and communications at provincial level departments have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Clause 3, Clause 4, Clause 5 of Article 43 of this Decree;

đ) To exercise rights provided for in Subpoint 1, Clause 19 of Article 1 of Ordinance No. 44/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2002;

3. Heads of specialized inspectors of the Ministry of Information and Communications have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 of Article 43 of this Decree;

đ) To exercise rights provided for in Subpoint 1, Clause 19 of Article 1 of Ordinance No. 44/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2002;

Article 32. Competence to Impose Administrative Penalties of Other Specialized Inspectors

Within the scope of state management defined by the Government, inspectors and heads of other specialized inspector agencies have the authority to impose administrative penalties for violations related to spam in accordance with the provisions of the law.

Article 33. Competence to Impose Administrative Penalties of People's Committees at All Levels

Chairpersons of People's Committees at all levels within the territory under their jurisdiction have the authority to impose administrative penalties for violations related to spam as prescribed in this Decree in accordance with the competence defined in Article 30 of the Ordinance on Handling Administrative Violations 2002; Clause 4, Clause 5 of Article 1 of Ordinance No. 44/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2002.

Article 34. Violations of Provisions on Management and Use of Email and Text Messages

1. Warning or imposing a fine from VND 100,000 to VND 200,000 for the following acts:

a) Not clearly stating the purpose and scope of use when collecting email addresses;

b) Users of email and text message services, including text messages through the Internet, not cooperating with competent state agencies in combating spam.

2. Imposing a fine from VND 200,000 to VND 500,000 for the act of collecting email addresses for advertising purposes without the consent of the owner of such address.

3. Imposing a fine from VND 1,000,000 to VND 2,000,000 for the following acts:

a) Using collected email addresses beyond the permitted purpose and scope;

b) Altering the subject information of emails or text messages.

4. Imposing a fine from VND 5,000,000 to VND 10,000,000 for the act of facilitating or allowing others to use electronic means under their control to send or forward spam.

5. Imposing a fine from VND 20,000,000 to VND 40,000,000 for the following acts:

a) Exchanging, selling, or disseminating software for collecting email addresses or the right to use such software;

b) Using software for collecting email addresses to collect email addresses without permission from the owner of such address;

c) Exchanging, selling lists of email addresses or the right to use such lists for the purpose of sending spam.

Article 35. Violations of labeling regulations

A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:

1. Labeling unsolicited commercial emails incorrectly or incompletely as prescribed in Clause 2 and Clause 3, Article 10 of this Decree;

2. Labeling unsolicited commercial messages incorrectly or incompletely as prescribed in Clause 2 and Clause 3, Article 14 of this Decree.

Article 36. Violations of regulations on opt-out functions

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the following acts:

a) Sending unsolicited commercial emails without an opt-out information section or with an opt-out information section that does not fully meet the conditions prescribed in Clause 1, Article 12 of this Decree;

b) Sending unsolicited commercial messages without an opt-out information section or with an opt-out information section that does not fully meet the conditions prescribed in Clause 1, Article 16 of this Decree.

2. A fine of VND 20,000,000 to VND 50,000,000 shall be imposed for the following acts:

a) Providing unsolicited commercial message services without all forms of receiving and processing opt-out requests as prescribed in Clause 2, Article 16 of this Decree;

b) Providing unsolicited commercial email services without all forms of receiving and processing opt-out requests as prescribed in Clause 2, Article 12 of this Decree.

3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for the following acts:

a) Providing unsolicited commercial message services without a system for receiving and processing opt-out requests from recipients;

b) Providing unsolicited commercial email services without a system for receiving and processing opt-out requests from recipients;

c) Providing internet messaging services without a system for receiving and processing opt-out requests from recipients.

Article 37. Violations of conditions for providing unsolicited commercial email and message services

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for failing to implement measures to raise awareness and guide users on how to prevent spam emails.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the following acts:

a) Not retaining the subject line of unsolicited commercial emails for at least 60 days;

b) Not retaining information about opt-out requests and confirmation of such requests for at least 60 days.

3. A fine of VND 10,000,000 to VND 30,000,000 shall be imposed for the following acts:

a) Not providing tools for users to select types of unsolicited commercial emails directly from their mail servers;

b) Not providing free mechanisms for receiving and processing notifications about spam;

c) Not implementing measures to prevent loss and block user emails;

d) Not coordinating with domestic and foreign internet service providers and message service providers to limit spam;

đ) Not sending confirmation of receipt of opt-out requests from email owners or message recipients within 24 hours;

e) Sending confirmation of receipt of opt-out requests for unsolicited commercial emails that do not comply with the requirements prescribed in Clause 4, Article 12 of this Decree;

g) Sending confirmation of receipt of opt-out requests for unsolicited commercial messages that do not comply with the requirements prescribed in Clause 4, Article 16 of this Decree;

h) Not implementing measures to limit the number, speed, and frequency of messages sent by a single user.

Article 38. Violations of regulations on sending electronic mail and promotional messages

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the following acts:

a) Sending electronic mail advertisements with subject matter not corresponding to the content;

b) Providing information about the service provider or advertiser in electronic mail advertisements that does not comply with Clause 3, Article 11 of this Decree.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the following acts:

a) Sending electronic mail advertisements without or with incomplete information about the advertiser as prescribed in Clause 1, Article 11 of this Decree;

b) The service provider sending electronic mail advertisements without or with incomplete information about the service provider as prescribed in Clause 2, Article 11 of this Decree;

c) The service provider sending promotional messages without information about the service provider or having information about the service provider but not complying with the provisions of Article 15 of this Decree;

d) Failing to cease sending types of electronic mail advertisements or promotional messages that have been refused within 24 hours from receiving the refusal request from the recipient.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:

a) Sending more than five electronic mail advertisements to one email address within 24 hours, except in cases where there is an agreement with the recipient;

b) Sending more than five promotional messages to one subscriber within 24 hours/day or sending promotional messages outside the time period from 7 to 22 hours daily, except in cases where there is an agreement with the recipient;

c) Sending promotional messages, electronic mail advertisements, or messages through the Internet with management codes that do not match the management codes issued by the Ministry of Information and Communications.

4. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for the following acts:

a) Not being a service provider but still sending electronic mail advertisements or promotional messages without the consent of the recipient;

b) Sending electronic mail or promotional messages from a system with technical parameters that have not been registered with the Ministry of Information and Communications;

c) Sending electronic mail advertisements or promotional messages without a label.

Article 39. Violations of regulations on providing services

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:

a) Using a server for sending electronic mail advertisements that does not use the Vietnamese national domain ".vn";

b) Providing services for sending electronic mail advertisements or messaging over the Internet without a website using the Vietnamese national domain ".vn".

2. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for the following acts:

a) Providing advertising services by electronic mail or message without being assigned a management code;

b) Providing messaging services over the Internet without being assigned a management code;

c) Providing electronic mail, message, or messaging over the Internet services to advertising service providers who have not been assigned a management code by the Ministry of Information and Communications.

3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for the following acts:

a) Providing advertising services by electronic mail where the server for sending electronic mail advertisements is not located in Vietnam;

b) Providing messaging services over the Internet where the server for sending messages is not located in Vietnam;

c) Providing advertising services by message without using the message sender number issued by a Vietnamese messaging service provider.

Article 40. Violations of provisions on tariff rates, fees, and charges

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not paying costs related to providing refusal functions to recipients.

2. For violations in the field of service advertising tariffs via email and messages, the provisions of the Government Decree on administrative penalties in the field of prices shall apply.

3. For violations concerning fees and charges in the provision of service advertising via email and messages, the provisions of the Government Decree on administrative penalties in the field of fees and charges shall apply.

Article 41. Violations of provisions on reporting systems, information provision, and inspection and supervision

1. A fine of VND 500,000 to VND 2,000,000 shall be imposed for the acts:

a) Not complying with inspections and supervisions conducted by competent state agencies;

b) Violating reporting regimes as prescribed.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the following acts:

a) Changing the system for sending promotional messages or emails without prior notification to the Ministry of Information and Communications;

b) Providing incomplete information or failing to block sources of spam as required by competent state agencies;

c) Providing incomplete information regarding the status of email and message server systems as required by competent state agencies.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not providing information or providing false information to competent state agencies when requested.

Article 42. Violations of provisions on information security and safety

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not cooperating with competent state agencies to implement operational measures as prescribed by law.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not implementing measures to limit and prevent spam as required by competent state agencies.

Article 43. Additional Penalties and Remedial Measures

In addition to the main forms of punishment, depending on the nature and severity of the violation, organizations and individuals may also be subject to one or more additional forms of punishment or remedial measures as follows:

1. Confiscation of objects and means used to commit administrative violations as stipulated in Clause 4, Clause 5 Article 34; Clause 3 Article 36; Clause 4 Article 38; Clause 2, Clause 3 Article 39 of this Decree.

2. Revocation of management codes for violations as stipulated in Article 35; Point c Clause 3, Point c Clause 4 Article 38 of this Decree.

3. Compelling compliance with national regulations for violations as stipulated in Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 41; Article 42 of this Decree.

4. Compelling repayment of funds misappropriated or improperly collected due to administrative violations as stipulated in Clause 1 Article 40 of this Decree.

5. Temporary suspension of advertising activities via email and messages for a period of one to three months or permanent cessation for violations as stipulated in Point a, b Clause 1, Clause 2, Clause 3 Article 36; Clause 3, Clause 4 Article 38; Article 39 of this Decree.

Chapter V

IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 45. Implementation Organization

The Ministry of Information and Communications, within its scope of functions and powers, shall be responsible for guiding the implementation of this Decree.

Article 46. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.