Vietnam Advertising Regulations

The the Vietnamese Spam decree 91/2020/ND-CP sets out much of the guidelines for those wishing to conduct communication medium advertising towards Vietnamese citizens.

To support you we kindly ask that any intent of advertising/telemarketing use is communicated to the Toku Regulatory team (regulatory@toku.co) prior to deploying your service so that support can be provided for compliance.

The Do Not Call List

As with many countries Vietnam deploys a Do Not Call List that all advertisers/telemarketers must adhere to.

• The list can be located at: https://khongquangcao.ais.gov.vn/
• This list is for voice calls, SMS and email.

The recipient of such advertising/telemarketing must agree in advance to receiving such and so a method to receive prior consent must be created and maintained. In this scenario the first initial call/message must be to receive consent and only a single request is permitted to receive this consent as updates and follow on requests are not permitted. Proof of consent must be kept for record keeping purposes.

Recipients must also have an Opt-out option provided to them and any Opt-out must be kept on record for minimum  of 1 year.

A fine of between VND 5,000,000 to VND 10,000,000 for no recipient consent is applicable by the local regulatory body.

Times of contact

Each advertiser is not allowed to send more than the below to any single phone number within a 24 hour period unless otherwise agreed with the recipient.

• 3 advertising messages to one phone number,
• 3 advertising emails to one email address,
• 1 advertising phone call

Each advertiser can only send the following unless otherwise agreed upon with the recipient.

• text messages between 7:00 a.m. and 10:00 p.m. Vietnam time zone daily,
• make advertising calls from 8:00 a.m. to 5:00 p.m. Vietnam time zone daily,

A fine of between VND 20,000,000 to VND 30,000,000 for sending more than the permitted advertisements or sent outside of the permitted hours is applicable by the local regulatory body.

Advertising Brand Name Registration

The brand name used in the advertising/telemarketing must comply with legal regulations on the brand name registration prior to use:

The process for such is set out HERE by the regulator.

Forms for completion are HERE by the government office.

Promotion of Gambling

Any communication to take advantage of the service provision to gamble, organize gambling, commit fraud, conduct illegal business or other illegal acts is not permitted.

Voice OTP

OTP messages via Voice for any applications that are not licenced for use within Vietnam are not permitted.