Can I make 2 promotional calls to a phone number in Vietnam within 24 hours?

Sometimes we often receive phone calls or messages from unknown numbers for advertising purposes. So how does the law deal with this issue? What is the latest advertising principle through texting, calling, and emailing in 2022? Is it okay to make 2 promotional calls to one phone number within 24 hours? If yes, how much is the fine? To answer these questions, today, LSX Lawfirm will give you an article about “Can I make 2 promotional calls to a phone number in Vietnam within 24 hours?“, as follows:

Legal grounds

• Advertising Law 2018
• Decree 91/2020/ND-CP

The latest principles of advertising via text messages, phone calls, and emails 2022

1. It is not allowed to send advertising messages or make advertising phone calls to the phone numbers on the No-advertising List specified in Clause 1, Article 7 of this Decree or the User has not agreed to receive advertising before.
2. For SMS advertising and for phone numbers outside of the Non-Advertising List, the Advertiser is only allowed to send the first and only advertisement registration message. The Ministry of Information and Communications shall detail the sending of registered advertising messages.
3. In case the User refuses to receive advertising or does not respond after receiving the first advertisement registration message, the Advertiser is not allowed to send any advertising registration or promotional messages to that phone number.
4. Must stop sending to the User receiving advertising messages, promotional emails, or making promotional phone calls immediately after receiving the User’s request to refuse.

5. Each Advertiser not allowed to send more than 03 promotional messages to one phone number, 03 promotional emails to one email address, or 01 promotional phone call to one phone number within a period. 24 hours unless otherwise agreed with the User.
6. Only send text messages in the period from 07:00 to 22:00 every day, call advertising from 08:00 to 17:00 every day, unless otherwise agreed upon with the User.
7. The advertising content must conform to the provisions of the law on advertising.
8. Only send advertising messages, make advertising phone calls when they have given identifiers, and not allowed to use phone numbers to send advertising messages or make advertising calls.

Is it okay to make 2 promotional calls to one phone number within 24 hours?

In Clause 5, Article 13 of Decree No. 91/2020/ND-CP stipulating the principles of sending advertising messages, promotional emails, and making advertising phone calls are as follows:

5. Each Advertiser not allowed to send more than 03 promotional messages to one phone number, 03 promotional emails to one email address, or 01 promotional phone call to one phone number within a period. 24 hours unless otherwise agreed with the User.

Thus, according to the law, it only allowed to make 1 promotional phone call to a phone number within 24 hours, unless otherwise agreed with the user. If you make 2 promotional phone calls to a phone number within 24 hours without an agreement, you are breaking the law, then you will sanctioned.

How much is the penalty for calling more than the advertised number of calls to a phone number within 24 hours?

According to Clause 4, Article 94 of Decree 15/2020/ND-CP supplemented by Article 32 of Decree 91/2020/ND-CP stipulating violations of regulations related to emails and messages providing information about products and services as follows:

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall imposed for one of the following acts:

p) Making more than 01 advertising call to 01 phone number within 24 hours without other agreement with the user;

q) Calling advertising outside the period from 08:00 to 17:00 every day without other agreement with the user;

r) Failing to take measures to check the user’s prior consent clearly when sending advertising messages, promotional emails, or advertising phone calls;

s) Failing to provide users with a tool to look up or store agreements on registration, refusal of advertising calls, and registered messages for advertising on the Portal/Website, and social networks of the company. to serve the inspection, examination, and settlement of complaints and denunciations.

Pursuant to Clause 3, Article 4 of Decree 15/2020/ND-CP stipulating fine levels:

3. The fine levels specified in Chapters II through VII of this Decree shall applied to administrative violations committed by organizations, except for the provisions in Article 106 of this Decree. In case an individual commits a violation similar to that of an organization, the fine level shall be equal to 1/2 of the fine level imposed on the organization.

Therefore, when you make a call that exceeds the promotional phone call for a phone number within 24 hours, you will fined from VND 10,000,000 to VND 15,000,000.

What is the penalty for spam calls?

Pursuant to Article 32 of Decree 91/2020/ND-CP stipulating the level of penalties for violations of regulations related to emails, messages, and phone calls providing information about products and services as follows: :

– Firstly, A fine of between VND 5,000,000 and 10,000,000 shall imposed for one of the following acts:

• Calling advertising to the user without the user’s express consent;
• Call advertising to users who have refused to receive advertising calls;
• Send advertising registration messages when the user has refused or did not respond to receiving advertising registration messages.

– Secondly, A fine ranging from VND 20,000,000 to VND 30,000,000 shall imposed for one of the following acts:

• Make more than 01 advertising call to 01 phone number within 24 hours without other agreement with the user;

• Calling advertising outside the period from 08:00 to 17:00 every day without other agreement with the user;
• There is no measure to check the user’s prior consent clearly when sending advertising messages, promotional emails, or advertising phone calls;
• Do not provide users with a tool to look up or store agreements on registration, rejection of advertising calls, messages to register for advertising on their Portals/Websites, or social networks to serve the inspection, examination, and settlement of complaints and denunciations.

– Thirdly, A fine ranging from VND 60,000,000 to VND 80,000,000 shall imposed for one of the following acts:

• Sending advertising registration messages in contravention of regulations of the Ministry of Information and Communications;
• Send any advertising registration messages to the phone numbers on the Do Not Advertise List.

– Finally, A fine ranging from VND 80,000,000 to VND 100,000,000 shall imposed for sending advertising messages or making promotional phone calls to phone numbers on the List of No Ads.

Consulting service of LSX Lawfirm

Above is LSX Lawfirm’s advice on the content of the problem “Can I make 2 promotional calls to a phone number in Vietnam within 24 hours?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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