Circular No. 12/2008/TT-BTTTT dated December 30, 2008 of the Ministry of Information and Communication guiding the implementation of a number of Provisions of the Government's Decree No. 90/2008/ND-CP dated August 13, 2008, against spam

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.

II. ISSUANCE. EXTENSION AND WITHDRAWAL OF MANAGEMENT CODES

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.

b/ A management code may be extended for 03 years at most.

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:

a/ Extension is not permitted upon its expiration;

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:

- The type of advertised information, products and services;

- 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;

2.4. In case of sending advertising emails via the Internet, only use the services of Internet-based text messaging service providers that have a management code issued by VNCERT and posted on the website http://www.vncert.gov.vn.

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;

3. Observe the reporting and statistics regime prescribed in Section VI of this Circular.

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;

b/ Notifying by forwarding spam to one or more than one email address already specified.

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.

2.3. To take measures for limiting spam, including:

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.

VI. REPORTING AND STATISTICS REGIME

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

3. Reporting time:

- 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

1. This Circular takes effect 15 days after its publication in "CONG BAO".

2. Any problems arising in the course of implementation should be reported to VNCERT, the Ministry of Information and Communication, for consideration and settlement.