FINAL HANDLING OF VIOLATIONS AGAINST SPAM, MESSAGES AND PROVISION OF CONTENT SERVICES

năm 2018, vấn nạn tin nhắn rác đang dần đến hồi kết

The era of technology revolution 4.0 brings us many benefits that cannot be denied. However, we also face many annoyances by spam and spam messages. Recently, on April 15, 2020, the Government issued Decree 15/2020 / ND-CP stipulating the sanctions against administrative violations in the fields of post, telecommunications, radio frequency and technology. information and electronic transactions. Specifically some notable contents as follows:

Regarding violations of regulations on electronic mail and text messages providing information on products and services:
– A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for providing contact phone numbers in billboards and classified ads that are hung, placed, pasted, painted advertising products on electricity poles, poles. electricity, traffic signal poles, walls, trees, public places.
– A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:
a) Sending electronic advertising emails or text messages to the recipients without the recipient’s consent;
b) Improper or incomplete labeling of advertising emails or text messages as prescribed.
– A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts:
a) Failing to affix advertising electronic mails and advertising messages as prescribed;
b) Failing to save information on registration for advertisement receipt, information on request for refusal and information on confirmation of request for refusal of advertising emails and advertising messages;
c) Sending advertising messages, advertising emails, and text messages via the Internet without having been granted a management code or having a management code not in accordance with the management code issued by the Ministry of Information and Communications.
– A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:
a) Failing to provide users with mechanism of receiving and processing notices of spam for free;
b) Failing to take measures to avoid loss and prevent wrong email of service users;
c) Failing to coordinate with domestic and international Internet service providers, domestic and foreign message service providers to limit and prevent spam;
d) Fail to send immediately or send information confirming receipt of the request to refuse emails or text messages that do not meet the prescribed requirements;
d) Failing to apply measures to limit the number, speed and frequency of texting;
e) Do not limit the frequency of sending messages from each sending source or prevent messages that are likely to cause information unsafety and security as prescribed;
g) Send advertising emails or advertising messages but do not send copies of the content to the technical system of the Ministry of Information and Communications;
h) Hide his / her name and electronic address when sending emails, messages;
i) Do not stop sending to the recipient electronic advertising emails or text messages right after receiving the recipient’s refusal request;
k) Failing to coordinate with telecommunications enterprises licensed to establish domestic and foreign mobile telecommunications networks to prevent spam messages;
l) Failing to apply measures to prevent spam messages at the request of competent state agencies;
m) Failing to prevent spurious spam messages from sending sources before sending them to service users;
n) Constantly providing content services via text message when customers request;
o) Fulfilling requests for coordination, prevention and handling of spam messages.
– A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:
a) Failure to comply with the requirements to coordinate, prevent and handle spam messages;
b) Failing to comply with the Ministry of Information and Communications’ request to handle notices and reflect spam messages;
c) Failing to apply measures to restrict spam emails at the request of competent state agencies;
d) Failing to provide information and preventing the source of spam or malware distribution at the request of competent state agencies;
dd) Failing to apply measures to assess the status of spam messages on mobile telecommunications networks of messaging service providers under the guidance of the Ministry of Information and Communications.
– A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following violations:
a) Failing to take all forms of refusing to receive advertising emails or refusing to receive advertising messages;
b) Sending or distributing spam emails, spam messages, malware;
c) Creating a series of missed calls to entice users to make phone calls and text messages to content service providers for self-seeking purposes or to provide information and advertising;
d) Exploiting and using service numbers and subscriber numbers for improper purposes;
d) Freelance calling numbers and high-price calling numbers are allowed to be dialed out or to send messages or receive messages.
– A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for advertising by e-mail or advertising with text messages or providing messaging services via the Internet without having a system to receive and handle requests. Reject recipient’s request.
– A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed for failing to prevent and withdraw the number of subscribers used to distribute spam messages.

Regarding the violation of regulations on provision of email, advertising message and content via text message services
– A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts:
a) Having no information website using Vietnamese national domain name “.vn” when providing advertising email service or messaging service via Internet or content service through text message;
b) Providing incomplete or unclear information about the services on the website before providing the service, including: service name, corresponding code, service description, usage method , the corresponding service charge, instructions for canceling the service, customer support phone number, commitment to agree to use the service.
– A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:
a) Providing advertising services by email or advertising services via text message or content service via text message or messaging service over the Internet without obtaining a management code;
b) When advertising and providing information about content services via text messages, winning text messages, voting programs, donations or donations via text messages, printed newspapers, video newspapers, electronic newspapers, news pages electronic information, Internet, text messages, electronic mail, but not providing information on prices, rates and equipment suitable for use in Vietnamese in an easy-to-read way; or the rates shown are not the same as the code, not adjacent to the code or are smaller than 2/3 of the size of the code;
c) Failure to provide information on rates before charging when users make calls to the call center for high-price calling service and information answering service;
d) Failing to instruct the subscriber to send notices of spam messages and respond to notices of received spam messages;
d) Storing incomplete content service provision data via messages as prescribed.
– A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations:
a) Providing information about products and services by email but the email server is not located in Vietnam;
b) Providing messaging services via the Internet with messaging service servers not located in Vietnam;
c) Providing information about products and services by text without using the number of sending messages as prescribed;
d) Providing electronic mail advertisement and text message advertisement without a reception system and handling requests for refusal to receive advertising electronic mail or advertising text messages;
d) Failing to provide free functions to receive notices about spam messages or spam emails from users;
e) Failing to deploy a system to prevent spam messages capable of preventing spam messages by sending sources or keywords in the content of sent messages;
g) Failing to provide message sending and receiving services, message sending and receiving services using identification names to service providers that have been granted management codes;
h) Not allowing enterprises that have been granted management codes to connect technically with their systems to provide services;
i) Failing to store data providing content services via full messages as prescribed;
k) Failure to provide information about rates when users make a call to the call center for high-price calling service and information answering service.
– A fine of from VND 140,000,000 to VND 170,000,000 shall be imposed for collecting service charges for error messages or messages that are not provided with a service or a message has been provided with a different service. with a business-published code or fraudulent user message.
– Additional sanctioning forms:
a) Suspend service provision for 01 – 03 months, for acts of violations specified at Point h, Clause 3, and Clause 4 of this Article;
b) Deprivation of the right to use management codes for between 1 and 3 months, for acts of violation specified at Point a, Clause 1, Point d, Clause 2, Clauses 3 and 4 of this Article.

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