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THE
MINISTRY OF INFORMATION AND COMMUNICATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
12/2008/TT-BTTTT
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Hanoi,
December 30, 2008
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CIRCULAR
GUIDING
THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE NO.
90/2008/ND-CP OF AUGUST 13, 2008, AGAINST SPAM
Pursuant to the Government's
Decree No. 90/ 2008/ND-CP of August 13, 2008, against spasm;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007,
defining the functions, tasks, powers and organizational structure of the
Ministry of Information and Communication;
The Ministry of Information and
Communication guides in detail the issuance, extension and withdrawal of
management codes; responsibilities of relevant parties and reporting and
statistics regulations as follows:
I. INTERPRETATION OF TERMS
1. Internet-based text messaging
service provider means an Internet service-providing enterprise engaged in
providing the service of sending text messages from the Internet to mobile and
fixed telecommunications networks;
2. Email service provider means
an Internet service-providing enterprise engaged in providing email services;
3. Text messaging service
provider means a mobile or fixed telecommunications enterprise engaged in
providing text messaging services.
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1. Agency issuing management
codes
The Vietnam Computer Emergency
Response Team (VNCERT) under the Ministry of Information and Communication.
2. Registration, extension of
management codes
2.1. Advertising email service
providers, advertising text messaging service providers, and Internet-based
text messaging service providers (below referred to as enterprises) shall make
registration so as to be issued management codes before providing services.
2.2. Enterprises shall send a
management code registration declaration, made according to a set form, to
VNCERT.
The form of management code
registration declaration is provided on the website http:// www.vncert.gov.vn.
2.3. A management code is valid
for 03 years from the date of issuance. For Internet-based text massaging
service providers, the validity of its management code corresponds with that of
its Internet service provision license and must not exceed 03 years.
2.4. Extension of management
codes
a/ At least 30 days before the
expiration of its management code, an enterprise shall send a management code
extension declaration, made according to a set form, to VNCERT.
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3. Time of issuance and
extension of management codes
3.1. VNCERT shall consider and
issue or extend a management code within 15 working days from the date of
receipt of a valid declaration. In case of refusal to issue a management code,
VNCERT shall notify in writing the enterprise of the reason.
3.2. An issued or extended
management code shall be notified in writing to the enterprise concerned and
posted on the website http:// www.vncert.gov.vn.
4. Fees for issuance or
extension of management codes
Organizations and individuals
that are issued a management code or have it extended shall pay a fee according
to the law on charges and fees.
5. Change of management code
registration information
Upon any change in management
code registration information, an enterprise shall notify it in writing and via
email to VNCERT. For information listed in Section 5 of Appendix 1 (not printed
herein), it must be notified at least 5 days before the change is effected.
6. Withdrawal of management
codes
6.1. An issued management code
shall be withdrawn in the following cases:
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b/ The enterprise makes a
written request for its withdrawal;
c/ The enterprise is dissolved
or has its business registration certificate or investment certificate revoked
or is forced to terminate its advertisement business under decision of a
competent state agency;
d/ The enterprise is subjected
to an administrative sanction involving the management code withdrawal measure.
6.2. The withdrawal of a
management code shall be notified in writing by VNCERT to the concerned
enterprise and posted on the website http://www.vncert.gov.vn.
6.3. On the date of having its
management code withdrawn, an enterprises shall stop using that code.
III. RESPONSIBILITIES OF
ADVERTISERS AND ADVERTISEMENT SERVICE PROVIDERS
1. Advertisers
1.1. An advertiser has the
following responsibilities: 1.1. When sending on its own an advertising email
or text message, an advertiser:
a/ May send an advertising email
or text message after obtaining the recipient's consent to:
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- The maximum number of
advertising emails and text messages sent within a given period of time and the
time of sending advertisements.
b/ Shall store information on
recipients' consent and supply it to a competent state agency upon request.
c/ In case of sending on its own
Internet-based advertising emails, may only use the services of an
Internet-based text messaging service provider that has a management code issued
by VNCERT and posted on the website http://www.vncert.gov.vn.
1.2. When using the advertising
email and text messaging service and Internet-based text messaging service,
advertisers may only use those of advertisement service providers or
Internet-based text messaging service providers that have management codes
issued by VNCERT and posted on the website http://www.vncert.gov.vn.
2. Advertisement service
providers
An advertisement service
provider shall:
2.1. Keep information on opt-out
requests and confirmations of opt-out requests at least for 60 last working
days of the system;
2.2. Store the details of
advertising emails for at least 60 days from the date of sending them.
2.3. Observe the reporting and
statistics regime prescribed in Section VI of this Circular;
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IV. RESPONSIBILITIES OF
INTERNET-BASED TETX MESSAGING SERVICE ROVIDERS
An Internet-based text messaging
service provider shall:
1. Mark all text messages sent
from its system and place such a mark at the beginning of the content of a text
message.
1.1. For an email without
advertising content, its mark takes the form of [management code), which is the
one issued by the Ministry of Information and Communication to the
Internet-based text messaging service provider.
1.2. For an advertising text
message sent by an advertiser, its mark takes the form of IQC management code],
with the management code being the one issued by the Ministry of Information
and Communication to the Internet-based text messaging service provider.
1.3. For an advertising text
message sent by an advertising text messaging service provider, its mark takes
the form of [QC management code], with the management code consisting of the
management code of the Internet-based text messaging service provider and that
of the advertising text message service provider, which are separated by a
comma.
2. Store:
2.1. Information on opt-out
requests and confirmations of opt-out requests for at least 60 last operation
days of the system;
2.2. Contents of advertising
text messages with a QC mark for at least 60 days from the date of sending;
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V. RESPONSIBILITIES OF EMAIL
SERVICE PROVIDERS. INTERNET SERVICE PROVIDERS AND TEXT MESSAGING SERVICE
PROVIDERS
1. Responsibilities of email
service providers
1.1. To provide the function for
service users to choose to receive emails right from the receiving server based
on marks and management codes of advertising emails. IP addresses and domain
names of sending servers, and IP addresses and email addresses of email
senders.
1.2. To take measures for
preventing wrong blocking of emails by users, including:
a/ Allowing users to designate a
list of reliable email exchangers:
b/ Notifying and receiving user
feedback on cases of blocking emails doubted to be spam:
c/ Restoring wrongly blocked
emails within at least 07 days from the date of receiving them.
1.3. To provide free of charge
the function of receiving spam notices from users, including:
a/ Notifying by marking spam
right in the online mailbox;
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1.4. To promptly handle spam
notices of users; continuously update spam information on the spam-blocking
system.
1.5. To take measures for
limiting spam, including:
a/ Preventing spam sent from
email servers;
b/ Preventing spam sent to email
servers.
1.6. To notify their anti-spam
focal points to VNCERT
1.7. To observe the reporting
and statistics regime prescribed in Section VI of this Circular.
2. Responsibilities of Internet
service providers (ISP)
2.1. To specify email addresses
for receiving spam notices; to provide free of charge the function of receiving
spam notices by forwarding spam to specified addresses.
2.2. To promptly handle spam
notices of users: continuously update spam information on the spam-blocking
system.
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a/ Preventing spam sent from the
service provision networks;
b/ Preventing spam sent to the
service provision networks.
2.4. To notify their anti-spam
focal points to VNCERT.
1.5. To observe the reporting
and statistics regime prescribed in Section VI of this Circular.
3. Responsibilities of text
messaging service providers
3.1. To specify subscriber
telephone numbers for receiving spam text messages; to provide free of charge
the function of receiving spam text message notices by forwarding spam text
messages to specified subscriber telephone numbers.
3.2. To promptly handle spam
text message notices of users; continuously update information on spam text
messages on the spam text message-blocking system.
3.3.To notify their anti-spam
focal points to VNCERT.
3.4. To observe the reporting
and statistics regime prescribed in Section VI of this Circular.
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1. Reporting and statistics
regime
1.1. Advertising email service
providers shall make monthly and annual reports and statistics according to set
forms.
1.2. Advertising text messaging
service providers shall make monthly and annual reports and statistics
according to set forms.
1.3. Internet-based text
messaging service providers shall make monthly and annual reports and statistics
according to set forms.
1.4. Email service providers
shall make annual reports and statistics according to a set form.
1.5. Text messaging service
providers shall make annual reports and statistics according to a set form.
1.6. Internet service providers
shall make annual reports according to a set form.
2. Reports on stored information
Prior to the 10,h every month,
advertising email service providers, advertising text messaging service
providers and Internet-based text messaging service providers shall send by
email reports on the previous month's stored information on opt-out requests
and confirmations of opt-out requests
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- Monthly reports: Before the
10,h every month;
- Annual reports: Before January
15 every year;
- Irregular reports: Upon
request of VNCERT.
4. Report recipient:
VNCERT, the Ministry of
Information and Communication
Address: 18 Nguyen Du, Hai Ba
Trung district, Hanoi city.
Email: [email protected]
Detailed information on reporting
is posted in the VNCERT's website http:// www.vncert.gov.vn.
VII. ORGANIZATION OF
IMPLEMENTATION
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2. Any problems arising in the
course of implementation should be reported to VNCERT, the Ministry of
Information and Communication, for consideration and settlement.
MINISTER
OF INFORMATION AND COMMUNICATION
Le Doan Hop