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​ 

August 14, 2026
Thailand’s Office of the Insurance Commission (OIC) has issued guidelines clarifying the boundaries between permissible and prohibited activities for unlicensed individuals—including influencers, bloggers, and content creators—when communicating about insurance products on social media. The Good Practice Guidelines for Persons Not Licensed as Insurance Agents or Brokers Regarding the Dissemination of Insurance Content Through Digital Media B.E. 2569 (2026) took effect on July 24, 2026. Activities Requiring a License The guidelines reserve the following activities for licensed agents and brokers: Soliciting or facilitating insurance contracts. Providing personalized advice on product suitability. Recommending policy cancellation to purchase promoted products. Creating links that facilitate contract formation. Receiving performance-based compensation tied to policies or premiums generated. Importantly, boilerplate disclaimers such as “this is not a recommendation to buy insurance” will not shield individuals from liability if the OIC views the content as personalized advice or solicitation. Permitted Activities Unlicensed persons may present general educational content about insurance—such as explaining terminology, sharing industry statistics, reporting news, or sharing personal experiences—provided the content does not target specific individuals to purchase from specific companies. The guidelines also set out best practices for communication, including presenting information in a fair and balanced manner that covers both benefits and limitations, encouraging consumers to read policy terms and consult licensed professionals, verifying information from credible sources before dissemination, and exercising special care when the audience may include vulnerable groups such as persons aged 60 and older. Prohibited Practices Prohibited practices include fear-based marketing, creating artificial urgency, omitting material limitations, making exaggerated claims, falsely claiming professional credentials, using fake engagement mechanisms, and sharing false or misleading content. The guidelines also reinforce the prohibitions under section 83 of the Life Insurance Act B.E. 2535 and section 78 of the Non-Life Insurance Act B.E. 2535 against soliciting insurance contracts with foreign operators
Read More
August 11, 2026
On July 27, 2026, the State Bank of Vietnam (SBV) released a draft decree proposing amendments to Decree No. 52/2024/ND-CP dated May 15, 2024, on non-cash payments (Decree 52). The draft decree would amend 17 of Decree 52’s 38 articles, with several key changes directly affecting providers of intermediary payment service (IPS). The key proposed changes affecting IPS providers are outlined below. Streamlining IPS Licensing Procedures A central objective of the draft decree is to simplify regulatory procedures for IPS providers. Notably, it would significantly reduce IPS licensing documentation requirements by removing the need to submit enterprise registration certificates, investment registration certificates, and documents evidencing the qualifications of the legal representative and general director. Instead, the SBV would retrieve this information directly from national business registration and other specialized databases, requesting additional documents only where the relevant information cannot be verified electronically or is incomplete. The draft decree also removes the current limit of two rounds for dossier supplementation and shortens processing timelines for several IPS licensing procedures such as issuance, amendment, and reissuance of IPS licenses. The processing time for new IPS license applications would be thereby reduced from 90 to 60 working days. In addition, several continuing IPS business conditions would be removed. For example, IPS providers would no longer be required to maintain certain representations relating to corporate restructuring or the legality of contributed capital. Likewise, the IPS project plan (đề án) would become a one-time application document rather than an ongoing licensing condition. If retained in the final decree, this change could provide IPS providers with significantly greater flexibility to implement post-licensing technology upgrades, system integrations, and corporate restructuring transactions without needing to revisit the originally approved project plan. The draft decree also removes the requirement for the SBV to consult the Ministry of Public
Read More
August 10, 2026
Thailand has finalized its social media KYC (“know your customer”) rules under Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), which was published in the Government Gazette on May 5, 2026, and will take effect on November 1, 2026. While an early draft of the notification proposed requiring social media platforms to arrange identification of every user account, the final notification is significantly more targeted, focusing on paid online advertising and advertiser identity verification. Though the regulatory initiative primarily aims to combat online fraud and technology-related crimes, it also has important consequences for intellectual property enforcement, because the verified platform records that will be generated under the new requirements can help IP rights holders to identify anonymous online infringers. Key Regulatory Mandates The notification requires social media service providers to verify the identity of advertisers before their paid advertisements are published and disseminated in Thailand through social media, regardless of whether the advertising fees come from the advertisers or third parties. Verification of an advertiser is valid for one year, after which verification would have to be performed again before the platform could publish additional paid advertisements from the advertiser. Permitted verification methods are specified under the notification. A platform may verify an advertiser by checking identity evidence and confirming the connection between the advertiser and that identity evidence, with the notification giving facial comparison against certain government-issued identity documents as an example. Alternatively, platforms may verify advertisers through a digital identity verification and authentication system with an identity-proofing assurance level not lower than the level prescribed by Thailand’s Electronic Transactions Commission. The notification further requires platforms to retain only the advertiser’s information necessary to identify the advertiser, beginning from the start of the advertising activity and for
Read More
August 10, 2026
On July 31, 2026, Thailand’s Big Data Institute (BDI) launched a public consultation on the principles of a proposed new data-sharing law, with comments accepted until August 31, 2026. If enacted, the law would establish Thailand’s first comprehensive framework for government and private-sector data sharing, creating a systematic, secure, and transparent regime to support analytics, policymaking, research, and innovation. Central Data-Sharing Platform The draft law establishes a central system for data sharing, managed by the BDI. Government agencies would be required to connect to the BDI’s Data Integration and Intelligence Platform (also referred to as D2), in accordance with the BDI’s rules and procedures. Five Dimensions of Data Sharing The draft law covers five key types of data sharing between government (G), businesses (B), and consumers (C): G2B: Private organizations may request government data specifically for research and development purposes. The BDI will assess the applicant’s data governance, security, and privacy capabilities whether such measures meet prescribed standards before forwarding the request to the relevant government agency within 90 days. Any dispute may be escalated to a newly established Data-Sharing Promotion Committee for final determination. G2G: Government agencies may request data from other agencies through the central system. The data-holding agency must respond within 90 days, taking legality, necessity, proportionality, public interest, and personal data protection into account. Disputes may be referred to the Data-Sharing Promotion Committee for adjudication. B2G: In emergency situations involving public safety, economic security, or disaster response, the Minister of Digital Economy and Society may require private entities to provide data through the central data-sharing system. Government agencies must specify the data requested, demonstrate its necessity and expected benefits, and request only data reasonably available to the data holder. Requests for personal data must be limited to the minimum amount necessary. B2C: Royal decrees may
Read More