Many enterprises (specifically in the real estate sector) are still believing that making calls to advice, sending emails to offer or sending messages to self-introduce are the indispensable channels to approach their customers. This mindset must be changed due to the “seism” of Decree 91/2020/NĐ-CP (the “Decree 91”) which takes effect from 1st October 2020.

Directly affecting on advertisement activities and outright declaring “anti-spam messages, spam emails, spam calls”, Decree 91 is expected to bring the more effective and practical provisions which replace the ancient regulations issued 12 years ago in the Decree 90/2008/NĐ-CP amended in 2012.

Accordingly, the advertisement via telecommunication and internet places cornerstone on active role of the users. Instead of reluctantly receiving a series of spam messages and calls, the customers have the right to proactively refuse and block. This right was previously only performed by the telecommunication service provider on demand from the State, while the users passively provide information or coordinate with the authorities.

The above turning point is specified by setting:

  • “System for Reception of Feedbacks against Spam Messages, Spam Calls (prefix 5656), and Spam Emails”: the advertisers shall deliver copies of all advertising messages, while the users can send information that reflects spam advertisements to the system. The Department of Information Security (Ministry of Information and Communication) takes the responsibility for receiving and processing.
  • “Do-Not-Call Register List” (the “DoNotCall”): the advertisers absolutely are not allowed to call or text any phone numbers registered on this list.
  • Request for the opt-out function: the advertisement to the users shall include notice giving them the option to opt-out or receive.

Besides, the Decree 91 also puts a series of violation on the “black list” with strict sanctions. For example, advertising to the customers who refuse to accept or unclearly agree is fined up to 10 million Vietnamese dongs. The fine is from 20-30 million Vietnamese dongs shall be applied in case that the advertisers called for advertisement before 8:00 AM or after 5:00 PM or call more than 01 time within 24 hours despite the customers did not agree. In particular, ignoring the DoNotCall order shall be fined up to 100 million Vietnamese dongs. In addition, spam phone numbers and advertising accounts of spam email may also be revoked.

Obviously, the enterprises cannot help but understand clearly the very specific provisions as aforementioned when the Decree 91 has stood at the doors and knock. Changes in advertising and marketing are inevitable.

On the other side, it helps to increase the prestige coefficient of the enterprises in the eyes of the “Gods”. Indeed, only the civilized and polite advertisements in which each party could feel the respect can bring trust in products, a premise for the sustainable relationship between the enterprises and customers.