Chapter III
ADVERTISING BY MESSAGES, EMAILS AND CALLS
Section 1. REGULATIONS ON ADVERTISING BY MESSAGES, EMAILS AND CALLS
Article 13. Rules for sending advertising messages and advertising emails, making advertising calls
1. Do not send advertising messages or make advertising calls to the numbers on the Do-Not-Call Register mentioned in Clause 1 Article 7 or without prior consents from the users.
2. Advertisers may only send first and only opt-in message to a phone number that is not on the Do-Not-Call Register. The Ministry of Information and Communications shall elaborate regulations on sending opt-in messages.
3. In case the user refuses to receive advertisements or does not answer the first and only opt-in message, the advertiser must not send any additional opt-in message or advertising message to that number.
4. Stop sending advertising messages and advertising emails and making advertising calls to the user after receiving the user’s unsubscribing request.
5. Each advertiser may send up to 03 advertising messages to a phone number, up to 03 advertising emails to an email address, and make 01 advertising call to a phone number within 24 hours unless otherwise agreed by the user.
6. Advertising messages may only be sent during 07:00 – 22:00; advertising calls may only be made during 08:00 – 17:00 unless otherwise agreed by the user.
7. Advertisement contents shall be conformable with advertising laws.
8. Only send advertising messages or make advertising calls after an brandname is issued; Do not use phone numbers to send advertising messages or advertising calls.
Article 14. Advertising message requirements
1. Advertising messages shall be tagged in accordance with Article 15 of this Decree.
2. Advertisements of charged services shall specify the charges.
3. Recipients have the option to refuse in accordance with Article 16 of this Decree.
Article 15. Tagging advertising messages
1. All advertising messages shall be tagged.
2. The tag shall be placed at the beginning of the message.
3. The tag shall be [QC] or [AD].
Article 16. Option to unsubscribe from advertising messages
1. The user’s option to unsubscribe from advertising messages shall:
b) be clearly displayed at the end of the advertising message;
b) instruct the user to unsubscribe from advertising messages to which the user previously subscribed;
c) allow the user to reject a specific product or group of products where necessary; and
d) contain clear instructions on how to unsubscribe in the cases specified in Point b and Point c Clause 1 and the unsubscribing methods specified in in Clause 2 of this Article.
2. The unsubscribing request can be made by:
a) sending a message; or
b) making a call.
3. Right after the user’s unsubscribing request, the advertiser shall send a confirmation and stop sending the refused type of advertising messages to the user.
4. The confirmation shall:
a) clearly state that the unsubscribing request has been received, time of receipt of the request and stopping sending advertising messages;
b) be successfully sent once and not contain any advertisement.
Article 17. Advertising email requirements
1. The email title shall match the email content and the advertisement therein shall be conformable with advertising laws.
2. Advertising emails shall be tagged in accordance with Article 18 of this Decree.
3. Every advertising email shall contain information about the advertisers in accordance with Article 19 of this Decree.
4. Advertisements of charged services shall specify the charges.
5. Recipients have the unsubscribing option in accordance with Article 20 of this Decree.
Article 18. Tagging advertising emails
1. All advertising emails shall be tagged.
2. The tag shall be placed at the beginning of the email title.
3. The tag shall be [QC] or [AD].
Article 19. Mandatory information about the advertiser in an advertising email
1. Information about the advertiser shall include the advertiser’s name, phone number, email address, geographical address, website/web portal, social network (if any).
2. Information about the advertiser shall be clearly displayed and placed right before the unsubscribing option.
Article 20. Option to unsubscribe from advertising emails
1. The user’s option to unsubscribe advertising emails shall:
b) be clearly displayed at the end of the advertising email;
b) contains the statement that the user is entitled to refuse all products from the advertiser;
c) allow the user to reject a specific product or group of products where necessary; and
d) contain clear instructions to unsubscribe in the cases specified in Point b and Point c Clause 1 and the unsubscribing methods specified in in Clause 2 of this Article.
2. The unsubscribing request can be made by:
a) submitting a request on the website, web portal or social network;
b) sending an email; or
c) making a call.
3. Right after the user’s unsubscribing request is received, the advertiser shall send a confirmation and stop sending the unsubscribed advertising emails to the user.
4. The confirmation shall:
a) clearly state that the unsubscribing request has been received, time of receipt and stopping sending advertising emails;
b) be successfully sent once and not contain any advertisement.
Article 21. Advertising call requirements
1. All advertising calls shall contain adequate information about the caller (name and address) which is provide before the advertisement contents. Charges shall be specified if charged services are advertised.
2. If the user refuses to receive advertising calls, the advertiser shall promptly stop calling the user.
Section 2. BRAND NAME MANAGEMENT SYSTEM
Article 22. National Brandname Management System
1. National Brandname Management System is a system for management and storage of brandnames nationwide.
2. Every organization and individual may access the National Brandname Management System on tendinhdanh.ais.gov.vn.
3. AIS shall develop and operate the National Brandname Management System.
Article 23. Use of brandnames
1. A brandname used for sending advertising messages or making advertising calls (hereinafter referred to as “brandname”) shall consist of up to 11 continuous Latin letters, digits (from 0 to 9), the symbols (-), (_), (.) and spaces and does not discriminate between upper case and lower case letters; must not contain only digits; is used for displaying or identifying the sender.
2. All organizations and individuals are entitled to register for and use an unlimited number of brandnames for advertising by messaging or calling.
3. An brandname issued by AIS in the National Brandname Management System shall be unique and valid for 03 years from the issuance date/
4. The registration and use of brandnames shall adhere to the principles of equality, non-discrimination, first-come-first served; avoid confusion or misunderstanding caused by homophones and multiple-meaning words or lack of Vietnamese diacritics.
5. The brandname user shall be legally responsible for the purposes of the brandname, accuracy of information and documents in the application.
6. An organization or individual must not use a brandname that is not issued by AIS or that has been issued by AIS to another organization or individual, unless otherwise accepted by the latter; must not violate lawful rights and interests of any other brandname holder.
7. A brandname must not be used after it is revoked.
8. The organization or individual that is issued with a brandname shall pay the issuance and maintenance fee in accordance with regulations of the Ministry of Information and Communications on fees and charges.
Article 24. Application for brandname issuance
An application for brandname issuance shall consist of:
1. If the application is an organization:
a) A certified true copy of the organization’s establishment decision or Certificate of Enterprise Registration. In case multiple brandnames are registered under one application, only 01 certified true copy of the Certificate of Enterprise Registration or establishment decision is required;
b) The Brandname Application Form No. 01 enclosed herewith;
c) Relevant documents about intellectual property rights and trademark registration (if any).
2. If the application is an individual:
a) A certified true copy of the ID card or passport;
b) The Brandname Application Form No. 01 enclosed herewith;
c) Relevant documents about intellectual property rights and trademark registration (if any).
Article 25. Submission of the application for brandname issuance
The application for brandname issuance may be submit:
1. by post to AIS; or
2. electronically on tendinhdanh.ais.gov.vn.
Article 26. Issuance of the brandname certificate
1. Right after the application is received, AIS shall send a confirmation email or message to the applicant specifying the date and time of receipt.
2. Within 01 working day from the receipt of the application, AIS shall consider its validity and decide whether to:
a) Issue the brandname and inform the applicant by email or messaging. After the fee has been fully paid by the applicant, AIS shall send the brandname certificate (Form No. 02 enclosed herewith) by email.
b) Reject the applicant and provide explanation by email or messaging, in which case the applicant shall supplement the application and submit it again in accordance with Article 25 of this Decree.
Article 27. Reissuance of the brandname certificate
1. In case any of the information relevant to an issued brandname or the brandname certificate is lost, the holder shall complete and submit the completed Brandname Application Form No. 01 enclosed herewith to AIS in accordance with Article 25 of this Decree.
2. AIS shall reissue the brandname certificate in accordance with Article 26 of this Decree with the same expiry date.
Article 28. Renewal of the brandname certificate
1. Renewal of the brandname certificate means reissuance of the brandname certificate with a new expiry date.
2. At least 15 days before the expiry date, the certificate holder shall complete and submit the completed Brandname Application Form No. 01 enclosed herewith and relevant documents to AIS in accordance with Article 25 of this Decree.
3. AIS shall renew the Brandname Certificate in accordance with Article 26 of this Decree. A brandname may be renewed multiple times. Each renewal shall be 03 years.
Article 29. Revocation of brandname
1. A brandname will be revoked in the following cases:
a) The brandname is used for sending spam messages or making spam calls or providing illegal services as concluded by a competent authority;
b) The brandname maintenance fee is not paid within 30 days from the due date;
c) The brandname has expired and has not been renewed;
d) The revocation is requested by the brandname holder;
d) The revocation is requested by a competent authority.
2. AIS shall send a notification of the revocation to the brandname holder by email or messaging and make an announcement on www.ais.gov.vn.
Section 3. Reporting
Article 30. Reporting
1. Brandname holders shall submit annual reports (Form No. 04 enclosed herewith) or ad hoc reports at the request of AIS.
2. Brandname holders shall submit annual reports according to Form No. 05 enclosed herewith and ad hoc reports at the request of AIS.
3. Telecommunication enterprises that provide messaging services shall submit annual reports according to Form No. 06 enclosed herewith and ad hoc reports at the request of AIS.
Article 31. Reporting time and methods
1. Annual reports shall be submitted before December 31 of the reporting year. An annual report shall contain data obtained during the period from December 15 of the preceding year to December 14 of the reporting year.
2. Soft copies of reports shall be sent to baocaospam@ais.gov.vn and updated on the National Brandname Management System. Instructions on reporting shall be posted on the AIS’s website.
Tìm kiếm
Nghị định 91/2020/NĐ-CP (Bản Word)
Nghị định 91/2020/NĐ-CP (Bản Pdf)