You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

September 29, 2020

Vietnam’s New Decree 91 Sets Out Stricter Anti-Spam Regulations

Subscribe to Updates

On August 14, 2020, the government of Vietnam issued Decree 91/2020/ND-CP on fighting against spam text messages, spam email, and spam calls. The new decree will take effect on October 1, 2020, replacing Decree 90/2008 on anti-spam and all of its amendments. In general, Decree 91 retains the essential rules on anti-spam regulated in Decree 90, but expands the scope of application and provides stricter measures in controlling spam.

Some essential rules from Decree 90 that are retained in Decree 91 include the consent rule (advertisers can only send advertising text messages or advertising email, or make advertising calls, after obtaining express consent from recipients); the opt-out mechanism (recipients can refuse receiving advertising text messages, emails, and calls); a limit on the number of advertising text messages, emails, or calls an advertiser can send/make per day to a recipient and a specified time during the day for them to be sent/made; and rules for labeling advertising text messages and emails, and identifying advertisers or advertisement service providers.

Decree 91 additionally provides the following new and improved contents:

  • The scope of application is expanded to include spam calls, in addition to the spam text messages and spam emails covered under Decree 90.
  • A new, clearer definition of what could be considered spam is provided. Spam includes advertising messages, advertising emails, and advertising calls which are sent or made to users without their prior consent, or which violate regulations of Decree 91; and messages, emails, and calls containing prohibited content in violation of the specified provisions of relevant laws specified in the decree.
  • Stricter anti-spam control measures are provided. For example, a system of reporting spam to the operating number of 5656 will be developed and operated by the Authority of Information Security (AIS) under the Ministry of Information and Communications for receiving feedback about spam messages and calls. Advertisers that send advertising messages must also send copies to this system. Users, when receiving spam, may send feedback and evidence to this system. In addition, the AIS must set up and operate a Do-Not-Call Register, which is a list of phone numbers that have been registered by subscribers who do not want to receive any opt-in messages, advertising messages, or advertising calls. Advertisers must not send opt-in messages or advertising messages or make advertising calls to people on this list. Telecom service users can register or withdraw their phone numbers from the Do-Not-Call Register. Also, a blacklist of IP addresses that spread spam email will be developed and updated by the AIS on its website.
  • Relevant stakeholders will have increased responsibilities and obligations. For example, telecom and internet service providers will have to deploy and strictly implement new measures to prevent advertising messages and calls from being sent/made to the Do-Not-Call Register, and compile, update, and share blacklists of spam senders. They must also deploy artificial intelligence, big data, and other technological advances to establish and operate anti-spam systems. Email service providers will have to provide users with instructions, tools, and applications for reporting and blocking spam email; implement measures to block, filter, and update sources of spam emails; have solutions to prevent loss and accidental blocking of users’ email addresses; and monitor, inspect, and scan their email servers to make sure they are not sources of spam email. Advertisers will be required to check the Do-Not-Call Register to avoid sending opt-in messages or advertising messages or making advertising calls to numbers on the list; have appropriate solutions and enable users to refuse advertising messages and email; and promptly stop calling users if the users refuse to receive advertising calls.
  • New and stronger sanctions for administrative violations of anti-spam regulations are provided for deterrence and user protection. For example, if advertisers send any advertising messages or make any advertising calls to numbers on the Do-Not-Call Register, they will be subject to a fine ranging from VND 80,000,000 to VND 100,000,000 (around USD 3,400 to 4,300). A fine ranging from VND 140,000,000 to VND 170,000,000 (around USD 6,000 to 7,250) could be imposed for a failure to have measures to block advertising messages and advertising calls to the Do-Not-Call Register, or a failure to develop and operate anti-spam systems.

The administrative measures under Decree 91 are also improved compared to Decree 90. Decree 91 calls for the establishment of a national system for management and storage of identification names of advertisers/advertising service providers nationwide, allowing anyone to access the system to check names of advertising message senders or callers. The issuance of identification names for advertisers/advertising service providers can be done online with simple procedures via the website http://tendinhdanh.ais.gov.vn, which helps save resources, costs, and time.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More
September 2, 2026
Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important. To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China. The MOU establishes a bilateral framework for cooperation and coordination in five broad areas: Strengthening dialogue in IP enforcement; Enhancing information sharing; Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws; Promoting cooperation in IP enforcement training and human resource development; and Undertaking other cooperation activities agreed upon by both sides. The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China. The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on
Read More
August 25, 2026
Vietnam has enacted a new decree establishing administrative penalties for violations in the fields of cybersecurity and personal data protection. Decree No. 330/2026/NĐ-CP (Decree 330), issued and effective from August 19, 2026, provides a detailed sanctions framework for noncompliance with the Law on Personal Data Protection (including its implementing regulations under Decree 356/2025/ND-CP) and the Law on Cybersecurity, together with their guiding decrees. The issuance of Decree 330 signals that the practical grace period previously perceived by many businesses may be drawing to a close, with active regulatory enforcement in these areas expected to commence in earnest. Scope and Key Provisions Decree 330 has extraterritorial effect and applies to both onshore and offshore companies. For offshore companies, it applies to those that (1) provide telecommunications, internet, online-content, information-technology, cybersecurity, or cross-border services and (2) are involved in or related to the processing of personal data of Vietnamese citizens and certain other people of Vietnamese origin. Decree 330’s key provisions cover the following areas: Administrative penalties for violations relating to the protection of national security and public order in cyberspace, including the dissemination of unlawful, false, or unverified information. Sanctions for cyberattacks, unauthorized access, introduction of harmful code or programs, and failure to cooperate with specialized cybersecurity forces. Sanctions for personal data protection violations, such as consent, cross-border data transfers, impact assessments, breach notification, and data-subject rights, among others—with maximum fines of up to 5% of an organization’s preceding-year revenue for cross-border transfer violations, or up to VND 3 billion for other data-protection breaches. Personal Data Protection Penalties The key sanctions for personal data protection violations are as follows: Consent violations: Fines of up to VND 70 million (approx. USD 2,642), plus potential additional sanctions and remedial measures including irreversible deletion of personal data collected without consent and confiscation of
Read More