From today, advertising calls can be fined up to 100 million VND
Decree 91/2020 of the Prime Minister on combating spam messages, spam emails, and spam calls has officially come into effect. This will be an important legal corridor in preventing spam emails, spam messages, and spam calls.
Decree 91/2020 has detailed regulations on the implementation of advertising via phone, text messages, and emails. There are specific requirements on advertising principles, advertising labeling, advertiser information, advertising refusal function, etc.
It is noteworthy that Article 32 of Decree 91/2020 supplements Article 94 of Decree 15/2020 regulating administrative sanctions for violations in the fields of post, telecommunications, radio frequencies, information technology and electronic transactions.
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| From today, advertising calls can be fined up to 100 million VND. Photo: Trong Dat |
According to the new regulations, the act of making advertising calls to users without their consent, making advertising calls to people who have refused to receive calls, sending advertising registration messages when users have refused or not responded to receiving messages will be fined from 5 to 10 million VND.
The act of making more than 1 advertising call to a phone number within 24 hours without other agreement with the user will be fined from 20-30 million VND. This is also the fine for the act of making advertising calls outside the time period from 8:00 to 17:00 every day without other agreement with the user.
In case of sending advertising registration messages that are not in accordance with the regulations of the Ministry of Information and Communications or sending advertising registration messages to phone numbers on the Do Not Advertise List, the violator will be fined from 60 to 80 million VND.
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| Decree 91/2020 details the implementation of advertising via phone, text messages, and emails. Photo: Trong Dat |
Decree 91/2020 also marks the first appearance of a new definition, the Unregistered List.advertisement.
The DoNotCall list is a collection of registered phone numbers that do not accept any subscription advertising messages, advertising messages, advertising calls.
Advertisers and telecommunications and Internet service providers are not allowed to make advertising phone calls, send advertising registration messages, or send advertising messages to any phone number on the Do Not Advertise List.
According to the provisions of Article 32 of Decree 91/2020, subjects who send advertising messages or make advertising calls to phone numbers on the Do Not Advertise List will bepunishmentwith the amount from 80-100 million VND.
Not only providing penalties for violations, Decree 91/2020 also clearly stipulates the responsibilities of units providing email, text message, advertising phone calls and content services via text messages.
These units must also provide tools that allow users to reflect and proactively prevent spam messages, spam calls, and spam emails.
If the service provider fails to take measures to block advertising messages and advertising calls to the Do Not Call List and fails to block and revoke email addresses used to distribute spam messages, spam emails, and spam calls, the service provider will have to pay a fine of VND 140-170 million.
Decree 91/2020 coming into effect is expected to create an important legal corridor in preventing spam, spam messages, and spam calls, thereby helping to clean up the Vietnamese telecommunications market.
