Spam messages continue to be sent out indiscriminately.

Nearly two years after the implementation of Circular 04/2012-BTTT of the Ministry of Information and Communications (MIC) on the management of prepaid mobile subscribers, which includes a ban on selling pre-activated SIM cards, the problem of junk SIM cards and spam messages continues to run rampant.

Confused about how to handle it.

Recently, many mobile phone subscribers have been annoyed by receiving numerous advertising and classified ad messages daily, offering all kinds of goods, especially houses and apartment projects, amidst a sluggish real estate market. These spam messages often originate from unknown phone numbers. This phenomenon has been ongoing for a long time, causing headaches for authorities in finding solutions.

Spam messages are rampant.

Previously, the head of the Ministry of Information and Communications also acknowledged that the problem of spam messages is very complex. Many cases have involved impersonating VNPT and Viettel to commit fraud, and the police have had to intervene. During the recent Lunar New Year (Year of the Horse), authorities detected 4,206,114 spam messages, and mobile networks blocked 11,250 subscribers for sending spam; 25 partner businesses were also penalized for sending spam. However, in reality, the number of spam messages remains very large, causing public concern.

According to Mr. Nguyen Van Hung, Chief Inspector of the Ministry of Information and Communications, state management agencies must introduce new methods to strictly manage this issue. Mr. Tran Manh Hung, General Director of Vietnam Post and Telecommunications Group (VNPT), said: VNPT has directed MobiFone and the Interprovincial Telecommunications Company (VTN) to implement measures to block spam messages. Accordingly, MobiFone filters message content to identify the 1900 numbers of content service providers. “However, when these content service providers are found to be sending spam messages, VNPT cannot penalize them because the numbers are managed by another enterprise,” Mr. Hung said. The VNPT representative suggested that the Ministry of Information and Communications should have a mechanism for penalties, such as deducting revenue from content service providers, to address the rampant spam message problem.

Regarding this issue, Mr. Pham Hong Hai, Director of the Telecommunications Department (Ministry of Information and Communications), stated that: To address businesses providing content that spreads spam messages, VNPT can review its contracts with these businesses; and at the same time, propose that the Inspectorate of the Ministry of Information and Communications and the Telecommunications Department take action.

According to Mr. Le Quoc Cuong, Deputy Director of the Department of Information and Communications of Ho Chi Minh City, the sources of spam messages can be traced back to three main points: mobile operators (Telcos), content service providers via SMS, and third-party partners (SubCPs). In reality, mobile operators have been criticized for distributing spam messages in flash (image) format, content service providers send service advertisements via SMS, and SubCPs advertise a wide range of content, including superstitious, provocative, and pornographic material. The representative from the Department of Information and Communications of Ho Chi Minh City stated that the only way to stop SubCPs is to tighten regulations on prepaid subscriptions.

Spam messaging is not limited to traditional SMS; it has also infiltrated free messaging and calling applications over the internet (OTT) – where there are currently no regulations addressing this issue. In Vietnam, there are numerous OTT applications such as Viber, Zalo, LINE, and KakaoTalk, with tens of millions of users. Viber alone reached 12 million users in March 2014, while the purely Vietnamese application, Zalo, also boasts over 10 million users.

Mr. Tran Vu Ha, Director of the Information Center of the Ministry of Information and Communications, stated that the situation of OTT spam messages is becoming increasingly complex, and the lack of regulations and penalties is making the problem even more serious. The Ministry's Inspectorate noted that while the regulatory body focuses on spam messages via mobile networks, violating businesses and individuals are proactively shifting to OTT services, where messages are disseminated for free and are not subject to any binding regulations or management from state agencies. According to telecommunications experts, most foreign OTT applications like Viber or LINE have servers located abroad, with only a few having representative offices in Vietnam, making them very difficult to manage. Therefore, the Ministry's Inspectorate believes that consultation with relevant parties such as the Telecommunications Department and the Vietnam Computer Emergency Response Team (VnCert) is needed to find solutions to the problem of spam messages via OTT.

Strengthening economic management

Regarding the need to strengthen inspections and controls to ensure authorized agents registering subscribers are following proper procedures, the leaders of the Ho Chi Minh City Department of Information and Communications stated: For provinces and cities with large geographical areas like Ho Chi Minh City, it's impossible to mobilize inspection teams to check agents and businesses every day. "Perhaps the Ministry should consider managing prepaid subscribers like postpaid subscribers through binding contracts," suggested the representative from the Ho Chi Minh City Department of Information and Communications.

According to the Telecommunications Department, the biggest challenge in managing prepaid subscribers lies with authorized registration agents. "These registration points have ignored regulations, leading to a continued increase in the number of unregistered subscribers, with no end in sight," a leader of the Telecommunications Department stated. However, the Department also expressed concern: No country in the world manages prepaid subscribers the same way as postpaid subscribers, as this could conflict with international practices. Regulatory agencies are also not allowed to arbitrarily draft regulations, as overly rigid regulations risk hindering market development. While awaiting new policies from the Ministry of Information and Communications that will impact the market, local authorities need to strengthen management and inspections in their areas to prevent agents and businesses from violating regulations.

According to Deputy Minister of Information and Communications Le Nam Thang, there are two ways to tighten control over prepaid subscribers, thereby managing fake subscriptions and junk SIM cards. Besides purely administrative measures such as increasing inspections of businesses and agents, economic measures should be applied to directly target the interests of all parties involved. For example, the regulation prohibiting pre-loaded SIM cards with money in the account, which the Ministry has included in Circular 14.

The Inspectorate of the Ministry of Information and Communications proposed separating the two accounts for calls and text messages on mobile phones from those for entertainment and information. Accordingly, regulations should stipulate that the main mobile phone account should only be used for regular calls and text messages. A second account would be dedicated to entertainment and messaging services, and network operators/companies should issue separate cards to top up this account. Money from account 2 can be transferred to account 1, but the reverse is not permitted. The Inspectorate of the Ministry of Information and Communications believes that, in addition to separating the two accounts for calls and text messages from those for entertainment and information, the Ministry should also take over the allocation of phone numbers to end the current situation of unplanned, difficult-to-manage numbers that many companies circumvent the law. Companies that intentionally distribute spam messages, fraudulent messages, or provide software that automatically deducts money from users' accounts should also be severely punished.

According to news