Chương IV Nghị định 91/2020/NĐ-CP: Xử phạt vi phạm hành chính

Chapter IV

ADMINISTRATIVE PENALTIES

Article 32. Addition of Points c, d, dd to Clause 2; Points p, q, r, s to Clause 4; Points e, g to Clause 6; Point c to Clause 10 of Article 94; Clause 7a to Article 94 of the Government’s Decree No. 15/2020/NĐ-CP dated February 03, 2020 on administrative penalties for violations against regulations on postal services, telecommunications, radio frequencies, information technology and electronic transactions

“Article 94. Violations against regulations on emails and messages providing product/service-related information”

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the commission of any of the following violations:

c) Making advertising calls to users without their clear prior consent;

d) Making advertising calls to users who have unsubscribed to advertising calls;

c) Sending opt-in message after the user has refused or does not response.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of any of the following violations:

p) Making more than 01 advertising call to 01 phone number within 24 hours unless otherwise agreed by the user;

q) Making advertising calls outside the 08:00 – 17:00 period unless otherwise agreed by the user;

r) Failure to verify users’ prior consents when sending advertising messages, advertising emails or making advertising calls;

s) Failure to provide users with tools to access or retain agreements on subscribing and unsubscribing from advertising calls and opt-in messages on the website/web portal to facilitate inspection and complaint settlement.

6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the commission of any of the following violations:

e) Sending opt-in messages against regulations of the Ministry of Information and Communications;

g) Sending an opt-in message to any phone number on the Do-Not-Call Register.

7a. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for sending advertising messages or making advertising calls to any of the phone number on the Do-Not-Call Register.

10. Remedial measures:

c) Enforced revocation of the phone numbers used for commission of the violations in Point 1 of this Article.”.

Article 33. Addition of Points c, d, dd, e to Clause 1; Point e to Clause 2; Points l, m, n, o to Clause 3 of Article 95, Clauses 3a, 3b, 4a to Article 95 of Decree No. 15/2020/NĐ-CP

“Article 95. Violations against regulations on provision of advertising email/message/call services and message-based content services

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of any of the following violations:

c) Failure to provide tools and applications for users to report and block spam emails themselves;

d) Failure to have measures to block, filter, update sources of spam emails or failure to have solutions to prevent loss and accidental blocking of users’ email addresses;

dd) Failure to monitor, inspect and scan their emailing servers to make sure they are not on the sources of spam emails;

e) Failure to prepare periodic reports and statistics as prescribed by competent authorities.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of any of the following violations:

e) Failure to compile, update and share blacklists of IP addresses/domains sending spam emails with AIS and other providers of telecommunications and/or Internet services.

3. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for the commission of any of the following violations:

l) Failure to provide tools and application for users to report and block spam messages and spam calls themselves;

m) Failure to provide, update and share samples of spam messages with AIS and other providers of telecommunications services;

n) Failure filter IP addresses/domains that send or are used to send spam emails under their management;

o) Failure to evaluate the seriousness of spam messages and spam calls on their telecommunications networks.

3a. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for use of a brandname that is not issued by Authority of Information Security or that has been issued by AIS to another organization or individual without the latter’s consent; use of a revoked brandname.

3b. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed use of a brandname for sending spam messages or providing illegal services as concluded by a competent authority.

4a. A fine ranging from VND 140,000,000 to VND 170,000,000 shall be imposed for the commission of any of the following violations:

a) Failure to have measures to block advertising messages and advertising calls to the Do-Not-Call Register;

b) Failure to block and revoke electronic addresses used for sending spam messages, spam emails or making spam calls at the request of competent authorities;

c) Failure to develop and operate anti-spam systems;

d) Failure to establish and connect their brandname management system to the National Brandname Management System;

d) Failure to comply with requests of AIS regarding prevention and handling of spam messages, spam emails and spam calls and implementation of other professional measures.”.

Article 34. Addition of Points e, g to Clause 2 Article of Decree No. 15/2020/NĐ-CP

“Article 120. Determination of power to impose penalties

2. The People’s public security forces:

e) Directors of provincial police authorities shall have the power to impose penalties for the administrative violations in Clause 7a Article 32 of this Decree;

g) The Directors of police departments specialized in high-tech crimes (A05), social order-related crimes (C02), corruption, smuggling, economic crimes (C03), administrative management and social order, drug-related crimes, internal political affairs, economic security shall have the power to impose penalties for the administrative violations in Clause 7a Article 32 of this Decree .”.

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