Chương I Nghị định 91/2020/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the fighting of spam messages, spam emails and spam calls; regulations on advertising messages (SMS, MMS, USSD), emails and calls; rights and obligations of organizations and individuals; additional regulations on administrative penalties for sending and making spam messages, spam emails and spam calls.

Article 2. Regulated entities

This Decree applies to organizations and individuals involved in the fight against spam messages, spam emails and spam calls; the sending of advertising messages, emails and making of advertising calls in Vietnam, including:

1. Providers of telecommunications services and/or Internet services.

2. Organization establishing private telecommunications networks.

3. Enterprises and organizations providing emailing services.

4. Senders of advertising messages, emails and calls (hereinafter referred to as “advertises”)

5. Recipients of advertising messages, emails and calls (hereinafter referred to as “users”)

6. Relevant organizations and individuals.

Article 3. Definitions

1. Advertising messages, advertising emails, advertising calls are messages, emails and calls that are meant to introduce profitable/non-profitable products and services and their sellers to the public; except news; social policies; personal information; customer service messages of telecommunication enterprises.

2. Customer service messages of telecommunication enterprises are messages sent by telecommunication enterprises to their users to inform them of activities and utilities of the services.

3. Spam messages include:

a) Advertising messages that are sent without users’ prior consent or advertising messages that violate the regulations of this Decree on sending advertising messages;

b) Messages that has prohibited contents specified in Article 9 of the Law on Electronic Transactions, Article 12 of the Law on Information Technology, Article 12 of the Law on Telecommunications, Article 8 of the Law on Advertising, Article 7 of the Law on Cyberinformation Security and Article 8 of the Cybersecurity Law.

4. Spam emails include:

a) Advertising emails that are sent without users’ prior consent or advertising emails that violate the regulations of this Decree on sending advertising emails;

b) Emails that has prohibited contents specified in Article 9 of the Law on Electronic Transactions, Article 12 of the Law on Information Technology, Article 12 of the Law on Telecommunications, Article 8 of the Law on Advertising, Article 7 of the Law on Cyberinformation Security and Article 8 of the Cybersecurity Law.

5. Spam calls include:

a) Advertising calls that are made without users’ prior consent or advertising calls that violate the regulations of this Decree on making advertising calls;

b) Calls that has prohibited contents specified in Article 9 of the Law on Electronic Transactions, Article 12 of the Law on Information Technology, Article 12 of the Law on Telecommunications, Article 8 of the Law on Advertising, Article 7 of the Law on Cyberinformation Security and Article 8 of the Cybersecurity Law.

6. Blacklists of IP addresses/domains are the lists of IP addresses and domains that are flagged as spamming by certain servers and periodically sent to the Ministry of Information and Communications.

7. “electronic address holder” means the person who creates or is provided with the electronic address.

8. “header” of an email is part of the information of an email that contains information about the sender, recipient(s), routing information, subject and other information about the email.

9. “subject” of an email is part of the header that summarizes the content of the email.