Chapter II
FIGHTING SPAM MESSAGES, SPAM EMAILS AND SPAM CALLS
Section 1. MEASURES FOR FIGHTING AND PREVENTION OF SPAM MESSAGES, SPAM EMAILS AND SPAM CALLS
Article 4. MEASURES FOR FIGHTING AND PREVENTION OF SPAM MESSAGES, SPAM EMAILS AND SPAM CALLS
1. Develop and launch systems for fighting and prevention of spam messages, spam emails and spam calls.
2. Establish criteria for recognition of spam messages, spam emails and spam calls.
3. Carryout surveillance and supervision; share information about sources of spam messages, spam emails and spam calls.
4. Receive and process feedbacks about spam messages, spam emails and spam calls.
5. Supervise the provision of advertising services by messages, emails and calls.
6. Block, revoke electronic addresses that send out spam messages, spam emails and spam calls.
7. Enhance domestic and international cooperation in anti-spam efforts.
8. Spread knowledge and raise awareness of the anti-spam efforts
Article 5. Systems for receiving feedbacks about spam messages, spam emails and spam calls
1. Authority of Information Security (AIS) of the Ministry of Information and Communications shall develop and operate the system for receiving feedbacks about spam messages, spam calls (on 5656 prefix) and spam emails (hereinafter referred to as “anti-spam feedbacks”).
2. When running advertising campaigns, advertisers that send advertising messages shall also send their copies to the system for receiving anti-spam feedbacks mentioned in Clause 1 of this Article.
3. Users of telecommunications, Internet, emailing services may send feedbacks and evidence to the system for receiving anti-spam mentioned in Clause 1 of this Article.
Article 6. Coordinating anti-spam activities
1. Information and data from the system for receiving anti-spam feedbacks and other sources of information and data shall be used for coordinating the prevention and handling of spam messages, spam emails and spam calls.
2. AIS shall coordinate the prevention and handling of spam messages, spam emails and spam calls.
3. Providers of telecommunications, Internet and emailing services and advertisers shall comply with requests of AIS regarding prevention and handling of spam messages, spam emails and spam calls.
Article 7. Do-Not-Call Register
1. Do-Not-Call Register is the list of phone numbers that have been registered by their subscribers who do not want to receive any opt-in message, advertising message or advertising call.
2. Users of telecommunications services are entitled to register or withdraw their legally held phone numbers from the Do-Not-Call Register.
3. Advertisers, providers of telecommunications and Internet services must not make advertising calls, send opt-in messages or advertising messages to any of the phone number on the Do-Not-Call Register.
4. AIS shall organize the development, maintenance and operation of the Do-Not-Call Register management system; instruct users to subscribe to and unsubscribe from the Do-Not-Call Register; make the list publicly available on the website/web portal of AIS.
Article 8. Blacklist of IP addresses sending spam emails
1. AIS shall organize, develop and periodically update the blacklist of IP addresses sending spam emails on its website/web portal.
2. Organizations, enterprises and individuals may use this blacklist to block spam emails.
Section 2. RESPONSIBILITIES OF ORGANIZATIONS, ENTERPRISES AND USERS
Article 9. Responsibilities of providers of telecommunications services, Internet services and organizations establishing private telecommunications networks
1. Provide users with instructions on how to fight spam messages and spam calls.
2. Provide users with instructions, tools and applications for reporting and blocking spam messages and spam calls.
3. Strictly implement the measures for prevention of advertising messages and advertising calls to the Do-Not-Call Register mentioned in Clause 1 Article 7 of this Decree.
4. Block and revoke electronic addresses used for sending spam messages, spam emails or making spam calls at the request of competent authorities.
5. Establish and adjust sending frequency limits to detect subscriber numbers suspicious of sending spam messages and improve effectiveness of blocking spam messages according to the nature, scope and time of blocking spam messages.
6. Establish and operate anti-spam systems that apply artificial intelligence, big data and technological advances.
7. Provide, update and share samples of spam messages for AIS and other providers of telecommunications services.
8. Establish and connect their brandname management systems to the National Brandname Management System; prevent advertisers from sending messages using the brandnames that are not issued by AIS.
9. Retain subscribing messages, unsubscribing requests and confirmations of unsubscribing from users after the send these messages through the system of the telecommunications service provider for at least 01 year.
10. Compile, update and share blacklists of IP addresses/domains sending spam emails with AIS and other providers of telecommunications and/or Internet services.
11. Implement measures for fighting and preventing spam messages and spam calls using the criteria for recognition of spam messages and spam calls.
12. Filter IP addresses/domains that send or are used to send spam emails under their management.
13. Cooperate with advertisers, domestic and international providers of telecommunications and Internet services in preventing spam messages, spam emails and spam calls.
14. Implement various measures to evaluate the seriousness of spam messages and spam calls on their telecommunications networks; prepare periodic reports and statistics as instructed by AIS.
15. Do not collect charges for:
a) Unsubscribing requests sent by users;
b) Erroneous advertising messages;
c) Messages whose contents and charges are different from those announced by the advertisers.
16. Prepare periodic reports and statistics as prescribed by competent authorities.
Article 10. Responsibilities of providers of emailing services
1. Provide users with instructions how to fight spam emails.
2. Provide users with instructions, tools and applications for reporting and blocking spam emails.
3. Implement measures to block, filter, update sources of spam emails; have solutions to prevent loss and accidental blocking of users’ email addresses.
4. Monitor, inspect and scan their emailing servers to make sure they are not on the sources of spam emails.
5. Implement measures for fighting and preventing spam emails using the criteria for recognition of spam emails.
6. Retain the titles of emails for at least 180 days to serve settlement of advertising email complaints (if any).
7. Prepare periodic reports and statistics as prescribed by competent authorities.
Article 11. Responsibilities of advertisers
1. Check the Do-Not-Call Register mentioned in Clause 1 Article 7 of this Decree to avoid sending opt-in messages, advertising messages and making advertising calls to the numbers on the Register.
2. Only send advertising messages, advertising emails and make advertising calls to users that have given their prior consent by:
a) Agreeing to receive advertising messages after the advertiser sends the first and only opt-in message;
b) Completing the form and making a confirmation on paper or on the website/web portal, online application or social network of the advertiser;
c) Calling or sending a message to the advertiser’s call center to subscribe;
d) Using a software program to subscribe.
3. Provide users with tools to access or retain agreements on subscribing to and unsubscribing from advertising messages, advertising emails and advertising calls on their website/web portal to facilitate inspection and complaint settlement.
4. Take responsibility for and verify users’ prior consents when sending advertising messages, advertising emails and making advertising calls.
5. Have appropriate solutions and enable users to refuse to receive advertising messages in accordance with Article 16 and advertising emails in accordance with Article 20 of this Decree.
6. Cooperate with providers of telecommunications, Internet, mailing services and relevant organizations in advertising by messaging, emailing and calling.
7. Retain advertisement subscription requests, unsubscribing requests and confirmation messages for at least 01 year to facilitate inspection and supervision.
Article 12. Rights and obligations of users
1. Forwards information about spam messages, spam emails and spam calls to the system for receiving anti-spam feedbacks of AIS or that of providers of telecommunications, Internet and emailing services.
2. Decide whether to receive or refuse to receive advertisements.
3. Cooperate with providers of telecommunications, Internet, mailing services, advertisers and competent authorities in the fight against spam messages, spam emails and spam calls.
Tìm kiếm
Nghị định 91/2020/NĐ-CP (Bản Word)
Nghị định 91/2020/NĐ-CP (Bản Pdf)