Circular No. 22/2021/TT-BTTTT dated December 13, 2021 on Elaborating a number of articles of the Government’s Decree No. 91/2020/ND-CP on fighting spam messages, spam emails, and spam calls

CIRCULAR

ELABORATING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 91/2020/ND-CP DATED AUGUST 14, 2020 ON FIGHTING SPAM MESSAGES, SPAM EMAILS, AND SPAM CALLS

Pursuant to the Law on Information Technology dated June 29, 2006; 

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Advertising dated June 21, 2012;

Pursuant to the Law on Cybersecurity dated November 19, 2015;

Pursuant to the Government’s Decree No. 91/2020/ND-CP dated August 14, 2020 on fighting spam messages, spam emails, and spam calls;

Pursuant to Decree No. 17/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Information and Communications;

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The Minister of Information and Communications hereby promulgates the Circular on elaborating a number of Articles of the Government’s Decree No. 91/2020/ND-CP dated August 14, 2020 on fighting spam messages, spam emails, and spam calls.

Article 1. Scope

This Circular elaborates a number of Articles of the Government’s Decree No. 91/2020/ND-CP dated August 14, 2020 of the Government on fighting spam messages, spam emails, and spam calls.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the fight against spam messages, spam emails, and calls; the sending of advertising messages, emails and making of advertising calls in Vietnam according to Article 2 of Decree No. 91/2020/ND-CP.

Article 3. Interpretation of terms

1. "Message sending source” is an identified information source that sends messaged to a subscriber.

2. “Call making source” is an identified information source that makes calls to a subscriber.

3. “Email sending source" is an identified information source that send emails to a specific email address.

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5. “Email receiving source" is an email address that receives information from the email sending source.

6. “USSD message” (Unstructured Supplementary Service Data message) is an information exchange message between a user and a telecommunications organization or enterprise and displayed directly on the phone's screen, allowing the user to interact by using the keyboard.

Article 4. Criteria for recognition of spam messages, spam calls, and spam emails

1. A message is identified as a spam message according to the following criteria:

a) The frequency of message sending is the number of messages sent from the message sending source in a period;

b) Pattern: the sending source is mainly used for sending messages and the percentage of making or receiving calls is low; the ratio of sending messages to unrelated subscribers is the ratio of sending messages to unrelated subscribers (that have never been texted before) to total messages;

c) Samples of spam messages are common character patterns for recognition of spam messages including samples of spam messages collected and shared by telecommunications enterprises.

2. A call is identified as a spam call according to the following criteria:

a) The frequency of call making is the number of calls made from the call making source in a period;

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3. An email is identified as a spam email according to the following criteria:

a) The frequency of email sending is the number of emails sent from the email sending source in a period;

b) Pattern:

- The sending source is mainly used for sending emails and not receiving or exchanging information;

- The ratio of sending emails to unrelated email addresses is the ratio of sending emails to unrelated email addresses (have never exchanged emails before) to total emails.

c) The technology that is used for sending or receiving emails.

Article 5. Instruction on how to report and provide evidence to the receiving system of reports on spam messages, spam emails, and spam calls for users.

1. Instruction on how to report and provide evidence of spam messages for users:

a) Send reports via messages to 5656: users compose a reporting message using the syntax: S [Sending source] [Spam content] or S (Sending source) (Spam content) and send it to 5656;

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2. Instruction on how to report and provide evidence of spam calls for users:

a) Send reports via messages to 5656: users compose a reporting message using the syntax: V [Calling source] [Spam content] or V (Calling source) (Spam content) and send it to 5656;

b) Submit reports according to instructions given on thongbaorac.ais.gov.vn or via the switchboard or the application.

3. Instruction on how to report and provide evidence of spam emails for users:

a) Submit reports by forwarding spam emails to [email protected];  

b) Submit reports according to instructions given on thongbaorac.ais.gov.vn or via the switchboard or the application.

Article 6. Instruction on how to subscribe or unsubscribe from the Do-Not-Call Register

1. How to subscribe or unsubscribe from the Do-Not-Call Register:

a) Subscribe or unsubscribe via SMS messages to 5656;

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2. Subscribing and unsubscribing various services.

a) Subscribe or unsubscribe from the list of not receiving promotional messages.

- Subscribing message: DK DNC S to 5656;

- Unsubscribing message: HUY DNC S to 5656;

b) Subscribe or unsubscribe from the list of not receiving promotional calls.

- Subscribing message: DK DNC V to 5656;

- Unsubscribing message: HUY DNC V to 5656;

c) Subscribe or unsubscribe from the list of not receiving promotional calls and messages.

- Subscribing message: DK DNC to 5656;

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3. When subscribing to or unsubscribing from the Do-Not-Call Register via the website or application, users must go through the verification step via the used phone number.

Article 7. Instruction on how to assess the status of spam messages and spam calls on telecommunications networks

1. Authority of Information Security (AIS) shall make statistics of reports on spam messages and spam calls of users on the receiving system of reports on spam messages and spam calls (via 5656).

2. Telecommunications enterprises shall make statistics and update the data according to the form in the appendix promulgated with this Circular on the receiving system of reports on spam messages and spam calls of AIS.

Article 8. Regulations on sending the first and only promotion subscription message

1. Advertisers may only send the first and only promotion subscription message to 1 subscriber. The first and only promotion subscription message is tagged with "DKQC".  The tag is placed first in the message.

2. A message must at least:

a) Introduce the advertiser who is requesting for subscription;

b) Provide instructions on how to subscribe to promotions via the system established by the advertiser;

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3. Advertisers may only send the first and only promotion subscription message from 7 am to 10 pm.

4. If the user does not reply within 24 hours from the moment he/she receives the first and only subscription message, the advertiser shall not send any subscription message to that user’s phone number.

5. The advertiser shall send a copy of the first and only promotion subscription message to 5656 and the synchronous data on subscription or decline of receiving the first and only promotional message to the management system of the Do-Not-Call Register.

Article 9. Instruction on how to display brand names in USSD messages and promotional calls

1. Brand names in USSD messages are displayed at the top of promotional messages.

2. Telecommunications enterprises shall implement technical measures to ensure the display of brand names regarding phone calls for advertising purposes.

Article 10. Implementation provisions

1. This Circular comes into force as of March 1, 2022.

2. Chief of Office, Director of AIS, Directors of Ministry of Information and Communications’ affiliates, Directors of Departments of Information and Communications of provinces, centrally affiliated cities, General Directors, Directors of telecommunications enterprises, internet service providers, email service providers, and relevant entities shall implement this Circular.

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MINISTER




Nguyen Manh Hung

APPENDIX

(Promulgated with Circular No. 22/2021/TT-BTTTT dated December 13, 2021 of the Minister of Information and Communications)

Form of update of data on spam messages and spam calls

NAME OF THE ORGANIZATION
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Location, date

UPDATE OF DATA ON SPAM MESSAGES AND SPAM CALLS

(Reporting month: month/year)

1. Data on messages

No.

Content

Quantity

1

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2

Number of incoming messages received by that network’s subscriber²

2

Number of spam messages internally blocked in the network

3

Number of cross-network spam messages blocked of network A³

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Network C

Network ...

Total

4

Number of messages of network A sent to other networks⁴

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Messages sent to network C

Messages sent to network ...

Total

5

Number of subscribers sending spam messages blocked by network A⁵

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Cross-network

Network B

Network C

Network ...

Total

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2. Data on calls

No.

Content

Quantity

1.

Number of valid reports on spam calls from users (sent to 5656)⁶

2.

Number of outgoing calls⁷

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3.

Number of subscribers suspected to be making spam calls

4.

Number of blocked suspicious subscribers

5.

Number of calls made by suspicious subscribers

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Number of calls made by blocked suspicious subscribers

LEGAL REPRESENTATIVE OF ORGANIZATIONS OF INDIVIDUALS
(Signature, full name, and seal (if any))

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(¹) Number of valid reports on spam messages from users (sent to 5656) means the number of reports on spam messages received on the receiving system of reports on spam messages (sent to 5656) when having full information on the sending source; number of reports; content of reports has meaning; reports do not contain duplicated information within 1 hour regarding the sending source, reporting phone number, and reporting content, verified to have data on telecommunications networks by a telecommunications enterprise.

(²) Number of incoming messages by that network’s subscriber means the total messages the subscriber of that network received including messages from users to users; from applications to users; messages from short brand names and numbers, excluding incoming messages from abroad.

 (³) Number of cross-network spam messages blocked of Network A means the total spam messages sent from network A to other networks, blocked by other networks, and reported to AIS.

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(⁵) Number of subscribers sending spam messages blocked by network A means the number of subscribers receiving one-way blocks due to the act of sending spam messages.

(⁶) Number of valid reports on spam calls from users (sent to 5656) means the number of reports on spam calls received on the receiving system of reports on spam messages (sent to 5656) when having full information on the sending source; number of reports; content of reports has meaning; reports do not contain duplicated information within 1 hour regarding the sending source, reporting phone number, and reporting content, verified to have data on telecommunications networks by a telecommunications enterprise.

(⁷) Number of outgoing calls means the number of calls that network's subscriber made, including internal calls and cross-network calls.