| THE GOVERNMENT -------- No. 77/2012/ND-CP | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness -------------- Hanoi, October 05, 2012 |
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 90/2008/ND-CP DATED AUGUST 13, 2008 ON ANTI-SPAMMING
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on information technology dated June 29, 2006;
Pursuant to the Law on telecommunications dated November 23, 2009;;
Pursuant to the Law on Advertising dated June 21, 2012;
Pursuant to the Law on Handling administrative violations dated June 20, 2012;
At the proposal of the Minister of Information and Communications,
The Government promulgates a Decree to amend and supplement a number of articles of the Government's Decree No. 90/2008/ND-CP dated August 13, 2008 on anti-spamming
Article 1. Amending and supplementing a number of articles of the Government's Decree No. 90/2008/ND-CP dated August 13, 2008 on anti-spamming as follows:
1. Amending Clause 14 Article 3, adding Clause 17, 18, and 19 to Article 3 as follows:
“14. Management code means a code issued by the Ministry of Information and Communication to a provider of advertising email services or advertising messaging services, or a provider of information messaging services, or a provider of messaging services via the internet when approving their registration dossier.”
“17. Identification name of a sender used in advertising messaging or information messaging (hereinafter referred to as identification name) is a combination of letters issued by the Ministry of Information and Communications to advertisers or providers of information messaging services, and used to display or identify the information about the sending sources of the messages about the service provision.
18. Information messaging services are the services of using messages to provide information or utilities for users.
19. Syntax of information messaging services (hereinafter referred to as syntax) is a serial of non-case-sensitive letters, given by the provider of information messaging services to refer to a specific information messaging service.”
2. Amending Point d, Point e Clause 1 Article 4, adding Point l, Point m to Clause 1 Article 4 as follows:
“d) Leading, cooperating, and controlling the prevention and handling of spam of organizations and individuals;”
“e) Receiving applications from and issuing management codes to providers of advertising email services, providers of advertising messaging services, providers of information messaging services, and providers of messaging services via the internet; receiving applications from and issuing identification names to providers of advertising messaging services and providers of information messaging services;”
“l) Promulgating provisions on serial numbers for sending advertising messages and providing information messaging services, and provisions on issuing identification names;
m) Promulgating provisions on charges for advertising messages.”
3. Amending Clause 6 Article 6, adding Clause 8, 9 and 10 to Article 6 as follows:
"6. Exchanging and trading lists of electronic addresses without the consents from the owners of such addresses.”
“8. Providing information messaging services inconsistently with the request from the users.
9. Hiding the sender’s name or electronic address, or illegally using the name or electronic address of another organization or individual when sending messages and emails.
10. Charging the services without notifying their users.”
4. Amending Article 7 as follows:
“Article 7. Principles of sending advertising messages and emails
1. The advertising emails and advertising messages may only be sent after obtaining an obvious prior consent from the receiver.
2. The sending of advertising emails or advertising messages must be immediately terminated when receiving the refusal from the receiver.
3. The advertising emails and advertising messages may only be sent from the electronic addresses and system prescribed by the Ministry of Information and Communications.
4. When sending advertising emails and advertising messages, the provider of advertising services must send their copies to the technical system of the Ministry of Information and Communications.
5. It is prohibited to send more than 01 advertising email with the same contents to an email address within 24 hours, unless otherwise agreed by the receiver.
6. It is prohibited to send more than 01 advertising message with the same contents to atelephone number within 24 hours, and only allowed to send such messages from 7:00 to 22:00 every day, unless otherwise agreed by the receiver.
7. The advertisement contents must be conformable with law provisions on advertising”.
5. Amending Clause 3 and Clause 5 Article 12 as follows:
“3. Right after receiving the refusal, the advertiser or the provider of advertising services must immediately send a confirmation of the reception of the refusal, and stop sending the refused kind of advertising emails to such receiver.”
“5. Providers of advertising services or advertisers must not collect surcharge to comply with the refusal to receive advertisements from their receivers.”
6. Amending Point b Clause 3 Article 14, adding Point c to Clause 3 Article 4 as follows:
“b) [Management code], applicable to messages sent by the provider of advertising services;
c) If necessary, other special letters may be used in stead of “[“ and “]“ in the mark.”
7. Amending Point b Clause 1, Clause 3, and Clause 5 Article 16 as follows:
“b) It is required to instruct the receiver to refuse to accept advertising messages that they registered to receive previously;”
“3. Right after receiving the refusal, the advertiser or the provider of advertising services must immediately send a confirmation of the reception of the refusal, and stop sending the refused kind of advertising messages to such receiver.”
“5. Providers of advertising services or advertisers must not collect surcharge to comply with the refusal to receive advertisements from their receivers.”
8. Amending Clause 2 Article 17 as follows:
“2. When sending advertising emails, the advertiser must:
a) Comply with Article 9 of this Decree;
b) Send from a server of email services with national domains (.vn);
c) Keep the information about the refusals, confirmations of the refusals, and the registration for receiving advertising emails;
d) Keep the advertising emails for at least 60 days;
dd) Take other professional measures at the requests of competent State agencies.”
9. Amending Clause 4 Article 18, adding Clause 4a to Article 18 as follows:
“4. Keeping the information about the refusals, confirmations of the refusals, and the registration for receiving advertising emails;
4a. Keeping the advertising emails for at least 60 days.”
10. 10. Adding Clause 4a to Article 19 as follows:
“4a. Providing free tools for preventing spam mails on the email server for users.”
11. Amending Clause 3 Article 20 as follows:
“3. Providing information and preventing the sources of spam mails and harmful software at the request of competent State agencies.”
12. Amending Clause 2 Article 22 as follows:
“2. When sending advertising messages, the advertiser must:
a) Comply with Article 13 of this Decree;
b) Send advertising messages from the electronic addresses issued by a telecommunication enterprise licensed to establish mobile telecommunications networks;
c) Keep the information about the refusals, confirmations of the refusals, and the registration for receiving advertising messages;
d) Keep the advertising messages for at least 60 days;
dd) Take other professional measures at the requests of competent State agencies.”
13. Adding Article 22a as follows:
“Article 22a. Identification name
1. All organizations are entitled to register for and use identification names to send advertising messages and provide information messaging services.
2. The registration and use of identification names must comply with the following principles:
a) Impartiality;
b) The sooner the entitled user;
c) The name must avoid ambiguity that cause confusion due to the equivocal Vietnamese accents;
d) The name must be different from that of the Communist Party’s and the State’s organizations.
3. The organization that register for a identification name is responsible before law for the use purpose, the accuracy of the registration information, and make sure that the registration and use of identification names do not violate the lawful rights and interests of other organizations and individuals before the date of registration.
4. Procedures for being issued with a identification name:
