Four noticeable policies coming into force from October 2020 in Vietnam

From October 2020, four major policies regarding advertisement, counterfeit products, border security, and primary education institutions shall come into effect in Vietnam. That are Four noticeable policies coming into force in Vietnam

Four Noticeable Policies Coming Into Force From October 2020 In Vietnam
Four Noticeable Policies Coming Into Force From October 2020 In Vietnam

Fighting spam messages, spam emails, and spam calls in advertisement

Legal document: Decree 91/2020/ND-CP, dated August 14, 2020, on fighting spam messages, spam emails, and spam calls

Date of effect: October 1st, 2020

  • DoNotCall is expected to put and end to spams. This new regulation protects Vietnamese phone users’ rights by allowing them to register on the list of subscribers who do not want to receive any advertising text messages. Any advertisers violating this regulation may suffer a fine ranging up to VND80,000,000.
  • To those who do not register on the list, advertisers are allowed to send only one advertising subscription message. After that message, if the recipient either refuses to receive further advertisement or does not reply, advertisers must not send any further advertising messages.
  • Every advertiser shall not be allowed to send more than 03 advertising text messages to one telephone number, 03 advertising emails to one email address and make 01 advertising call to one telephone number within 24 hours, unless otherwise agreed with the user.
  • Only sending text messages from 07:00 to 22:00 every day, only making advertising calls from 08:00 to 17:00 every day, unless otherwise agreed with the user. Any person or organization violating this regulation shall be fined up to VND30,000,000.

Decree 91/2020/ND-CP creates a more transparent and sufficient legal framework for fighting against spams and hopefully put an end to this frustrating issue.

National border management  and protection

Legal document: Decree 96/2020/ND-CP on administrative fines for violations in the field of national border management and protection

Date of effect: October 10th, 2020

This decree identifies specifically actions regarded as border maker violations and imposes tougher penalties on some of the violations in compared to which are stated in Decree 169/2013/NĐ-CP. In details:

  • Regarding the protection and management of border line, national boundary marker, and border signals;
  • Violations of land border area institutions
  • Violations of land port management institutions
  • Regarding management of humans and vehicles within sea border area
  • Violations of sea port security
  • Regarding construction projects within border areas
  • Illegal transport of goods and currency across borders beyond port areas but lower than the extent of criminal prosecution
  • Regarding stockpiling, trading, transporting and exchanging goods in border areas;
  • Fishery activities within sea land areas, activities of forestry, environmental protection, and construction within border or port area

With respect to the same violation action, an organization shall face a fine which is twice as an individual does.

Commerce, production and trade in counterfeit and prohibited goods

Legal documents: Decree 98/2020/ND-CP prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Date of effect: October 15th, 2020

With an increase in the trade of counterfeit and prohibited products, the issuance of Decree 98/2020/ND-CP provides a stronger mechanism:

  • The maximum fine for a violation in the field of commerce and customer protection is VND 100.000.000 if it is imposed on an individual or VND 200.000.000 if it is imposed on an organization.
  • The maximum fine for a violation in the field of production and trade in counterfeit and prohibited goods VND 200.000.000 if it is imposed on an individual or VND 400.000.000 if it is imposed on an organization.

These fines have been doubled in comparison to those of 185/2013/NĐ-CP.

Regulations on primary education institutions

Legal document: Circular 28/2020/TT-BGDĐT

Date of effect: October 20th, 2020

The essence of this Circular addresses praising and disciplinary measures with respect to primary students. Students who make mistakes during the process of learning and other activities, depending upon the level of severity, may take one of the following disciplinary measures: reminders, direct support; notification to and cooperation with parents. Teachers are not allowed to criticize students publically in their class, school, or in a meeting with their parents.

Teachers are encouraged to use published reference materials to increase education quality. Individuals and organizations must not force students to buy reference materials.

As it can be seen, Circular 28/2020/TT-BGDĐT has concluded the recent emerging issues and introduced specific regulations to protect primary students.

Duong-thi-thu-huong-ans-law
Duong Thu Huong

Academic level Master of Economic Law, Hanoi National University. Experience Having nearly 7 years of experience in the field of Intellectual Property at A&S Law Consulting Co., Ltd. from 2013 to the present. Has participated in a variety of legal consultancy and support activities in the field of intellectual property such as patents, trademarks, industrial…