Editorial · February 5, 2022

Email Marketing Rules in Vietnam: Decree 91 Anti-Spam

By the editorial panel · Vietnam Trusted Brands

Email marketing rules in Vietnam are set mainly by Decree 91/2020/ND-CP, the anti-spam decree. In short: get consent first, label the message as advertising, say who you are, give a clear way to opt out, and stop when someone says no. This note explains each duty in plain words for a business that sends promotional email or text messages.

This is general information, not legal advice. Check the decree text, or ask a Vietnamese lawyer, before you plan a campaign.

What the decree covers

Decree 91/2020/ND-CP deals with spam messages, spam emails and spam calls. It took effect on 1 October 2020. It sets duties for anyone who sends advertising by text message, email or phone call, and for the telecom, internet and email service companies that carry those messages.

The key word is advertising. A receipt for something a customer just bought is not an advert. A newsletter that promotes your products is. If a message tries to sell, treat it as advertising and follow the rules below.

Sources: Decree 91/2020/ND-CP on preventing spam messages, spam emails and spam calls (Government of Vietnam, signed 14 August 2020): https://datafiles.chinhphu.vn/cpp/files/vbpq/2020/08/91.signed.pdf

Get consent before you send

The decree says an advertiser may send promotional email, text messages or calls only to people who agreed to receive them first. A person can agree by filling in a sign-up form, using an online app or social network page that you run, calling or texting your line to register, or using sign-up software.

Texts have one extra path. For a phone number that is not on the Do-Not-Call list, you may send a single first message that asks if the person wants adverts. That rule is written for texts. For email, plan around real sign-ups. If the person says no, or does not answer that first text, you may not send more messages to that number.

The decree also sets up a Do-Not-Call list. Check your phone lists against it before any text or call campaign. For email, build your list from people who clearly asked to hear from you.

Label the message

Every advertising email must carry a label. The label goes first in the subject line, and it takes the form [QC] or [AD]. Texts follow the same rule: the label comes first in the message. This lets the reader see at once that it is an advert.

The subject must also match what is inside, and the advert itself must follow Vietnam's advertising law. If the email promotes a paid service, it must state the price in full.

Say who you are and offer an opt-out

Every advertising email must show who the advertiser is. The decree lists the details: name, phone number, email address, street address, and the website or social page if you have one. Put this block clearly in the email, right before the opt-out choice.

The opt-out part must also say that the reader may refuse all products from you, not only one. If it helps, you may also offer to refuse a single product or product group. It must be at the end of the email and easy to see. The reader must be able to opt out through your website or social page, by email, or by phone.

When someone opts out, you must send a short confirmation straight away. The confirmation states that you got the request, when you got it, and when you stopped sending. It is sent once and must not contain any advertising. After that, stop. Do not send "one last offer."

Respect the limits

The decree caps volume. In any 24 hours, one advertiser may send no more than 3 advertising texts to one phone number, no more than 3 advertising emails to one email address, and make 1 advertising call to one number. The only exception is a different deal agreed with the person.

It sets hours too. Advertising texts may go out between 7 a.m. and 10 p.m. Advertising calls may be made between 8 a.m. and 5 p.m. Again, a different deal with the person is the only exception.

Even with a daily cap of 3, more is not better. Readers who get too much tend to unsubscribe. One useful email a week is often a safer plan than a daily blast.

A short checklist before you press send

Use this list for every campaign. It takes two minutes and prevents most problems.

Did every person on the list agree to advertising first?
Does the subject line start with [QC] or [AD]?
Does the email show your name, phone, email, address and website?
Is there a working opt-out at the end of the email?
Have you removed everyone who opted out before?
For texts, have you checked the Do-Not-Call list?
Will the send stay inside the daily limit and the allowed hours?
Does the advert itself follow Vietnam's advertising law?

The last point matters. Vietnam also has separate advertising rules. A message can follow the anti-spam rules and still break the rules on what an advert may say.

Keep records

The decree tells advertisers to keep the sign-up details, the opt-out requests and the opt-out confirmations for at least one year. Keep them in a place you can search. Also keep a way for customers to look up what they agreed to. If a customer or an authority asks why someone got a message, a clear record is your best answer.

Review your list every few months. Remove addresses that bounce. A smaller, willing list gives better results and lowers risk.

Rules like these change, and enforcement can differ between agencies. Read the decree itself and ask a qualified adviser about your own case.

Sources

Decree 91/2020/ND-CP on preventing spam messages, spam emails and spam calls (Government of Vietnam, signed 14 August 2020): https://datafiles.chinhphu.vn/cpp/files/vbpq/2020/08/91.signed.pdf, effective 1 October 2020.

Filed February 5, 2022 · All news · Methodology