Circular 22/2021/TT-BTTTT detailing Decree 91/2020/ND-CP on fighting spam messages, spam emails, spam calls

CIRCULAR

Detailing a number of articles of the Government’s Decree No. 91/2020/ND-CP of August 14, 2020, on fighting spam text messages, spam emails and spam calls^[1]

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

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the June 21, 2012 Law on Advertising;

Pursuant to the November 19, 2015 Law on Cyber Information Security;

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

Pursuant to the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Information Security Department,

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

Article 1. Scope of regulation

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

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in fighting spam text messages, spam emails and spam calls, sending advertising text messages and emails, and making advertising calls in Vietnam specified in Article 2 of Decree No. 91/2020/ND-CP.

Article 3. Interpretation of terms

1. Source of sending text messages means an information source identified as sending a message to a user.

2. Source of making calls means an information source identified as making a call to a user.

3. Source of sending emails means an information source identified as sending an email to a specific email address.

4. Text message or call receiving source means a user identified as receiving a text message or call from the sending or calling source.

5. Email receiving source means an email address that receives information from an email-sending source.

6. USSD (unstructured supplementary service data) message means a message for exchange of information between a user and a telecommunications organization or enterprise, which is directly displayed on the user’s phone screen and allows the user to interact via the keyboard.

Article 4. Sets of criteria for identifying spam text messages, spam emails and spam calls

1. A text message may be identified as a spam text message based on the following criteria:

a/ Text message-sending frequency, which is the number of text messages sent from a sending source during a period of time;

b/ Usage behavior features, including the sending source, which is mainly used for outgoing text messages and has low rates of call making and receipt; the rate of sent text messages to users without previously established relationship, which is the rate of text messages sent to users for the first time (without any previous messages) to the total number of sent messages;

c/ Spam text message samples, which are character samples to be commonly used to identify spam text messages, including spam text message samples collected and shared by telecommunications enterprises.

2. A call may be identified as a spam call based on the following criteria:

a/ Call making frequency, which is the number of calls made from a calling source during a period of time;

b/ Usage behavior features, including the sending source, which is mainly used to make outgoing calls without receiving and sending text messages; the rate of calls of short durations (from the moment of connection to the moment of call end); the rate of calls with short intervals between calls (the interval between two consecutive outgoing calls) to the total number of calls; the rate of outgoing calls to users without previously established relationship, which is the rate of calls to phone numbers for the first time (without any previous calls) to the total outgoing calls.

3. An email may be identified as a spam email based on the following criteria:

a/ Email-sending frequency, which is the number of emails sent from an email address during a period of time;

b/ Usage behavior features:

- The sending source, which is only used for the purpose of sending emails, not for receiving and exchanging information;

- The rate of emails sent to other email addresses without previously established relationship, which is the rate of sent emails to email addresses for the first time (without any previously exchanged emails) to the total number of sent emails;

c/ Technologies used to send and receive emails.

Article 5. Guidance for users to report and provide evidences to the system for receipt of reports on spam text messages, spam emails and spam calls

1. Guidance for users to report and provide evidences of spam text messages:

a/ To send a text message to hotline 5656: Users may create a reporting text message with the following syntax: S [Sending source][Content of spam text message] or S (Sending source)( Content of spam text message), and send it to 5656;

b/ To report according to the guidance provided in the website thongbaorac.ais.gov.vn or via the hotline or on the application.

2. Guidance for users to report and provide evidences of spam calls:

a/ To send a text message to the hotline 5656: Users may create a reporting text message with the syntax: V [Sending source][Content of spam call] or V [Sending source][Content of spam call], and send it to 5656;

b/ To report according to the guidance provided in the website thongbaorac.ais.gov.vn or via the hotline or on the application.

3. Guidance for users to report and provide evidences of spam emails:

a/ To forward spam emails to the email address [email protected];

b/ To report spam emails according to the guidance provided in website thongbaorac.ais.gov.vn or via the hotline or on the application.

Article 6. Guidance for users to register the inclusion of their telephone numbers in or withdraw them from the DoNotCall list

1. The registration of the inclusion or withdrawal of a telephone number in/from the DoNotCall list shall be implemented in the following forms:

a/ Via SMS text message (to number 5656);

b/ Via the website (khongquangcao.ais.gov.vn) or the hotline or on the application.

2. Contents of the registration of the inclusion or withdrawal of a telephone number in/from the DoNotCall list:

a/ To register the inclusion or withdrawal of a telephone number in/from the list of telephone numbers that do not receive advertising text messages.

- To create a registration text message with the syntax: DK DNC S, and send it to 5656;

- To create a withdrawal text message with the syntax: HUY DNC S, and send it to 5656.

b/ To register the inclusion or withdrawal of a telephone number in/from the list of telephone numbers that do not receive advertising calls.

- To create a registration text message with the syntax: DK DNC V, and send it to 5656;

- To create a withdrawal text message with the syntax: HUY DNC V, and send it to 5656.

c/ To register the inclusion or withdrawal of a telephone number in/from the list of telephone numbers that do not receive advertising messages and calls

- To create a registration text message with the syntax: DK DNC, and send it to 5656;

- To create a withdrawal text message with the syntax: HUY DNC, and send it to 5656.

3. The registration of the inclusion or withdrawal of a telephone number in/from the DoNotCall list via the website or on an application shall be verified with such telephone number.

Article 7. Guidance on evaluation of the situation of spam text messages and spam calls on the telecommunications network

1. The Information Security Department shall make statistics of reports on spam text messages and spam calls of users on the system for receipt of reports on spam text messages and spam calls (via number 5656).

2. Telecommunications enterprises shall make statistics and update figures according to the form provided in the Appendix to this Circular to the system for receipt of reports on spam text messages and spam calls of the Information Security Department.

Article 8. Regulations on sending of text messages for advertising registration once for all

1. An advertiser may only send a message for advertising registration once for all to a user number. The once-for-all text message for advertising registration shall be marked DKQC. The mark shall be put in the top position of the text message.

2. A text message must have at least the following contents:

a/ Introduction of the advertiser that requests the registration;

b/ Guidance on registration for receipt of advertisements via the system established by the advertiser;

c/ Guidance on rejection of advertisements via the system established by the advertiser.

3. A once-for-all text message for advertising registration may only be sent during the period from 7:00 hours to 22:00 hours.

4. Within 24 hours after the once-for-all text message for advertising registration is sent, if receiving no reply from a user, the advertiser may not send any more text messages for advertising registration or advertising text messages to the user number.

5. An advertiser shall concurrently send a copy of the once-for-all text message for advertising registration to hotline 5656, and synchronize registration data and rejection of the once-for-all text message for advertising registration to the system for management of the DoNotCall list.

Article 9. Guidance on display of brand names in USSD text messages or advertising calls

1. A brand name in a USSD text message shall be displayed at the top of the advertising text message.

2. Telecommunications enterprises shall implement technical solutions to ensure the display of brand names for calls for the advertising purpose.

Article 10. Implementation provisions

1. This Circular takes effect on March 1, 2022.

2. The Chief of the Office, Director of the Information Security Department, and heads of agencies and units of the Ministry of Information and Communications, Directors of provincial-level Departments of Information and Communications, Directors General or Directors of telecommunications enterprises, Internet service providers, email service providers and related agencies and individuals shall implement this Circular.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Information and Communications (via the Information Security Department) for consideration, guidance and settlement.-

Minister of Information and Communications
NGUYEN MANH HUNG