Businesses that arbitrarily send advertising messages may be fined 40 million VND

Legal Consulting Department of Lao Dong Newspaper answers:

Clause 1, Article 37, Section 5, Chapter II, Decree No. 330/2026/ND-CP stipulating penalties for administrative violations in the field of network security and personal data protection (effective from August 19, 2026) stipulates as follows: A fine of 10 million VND to 20 million VND shall be imposed for one of the following acts:

a) Sending advertising emails, advertising messages to recipients without the recipient's consent;

b) Labeling advertising emails, advertising messages incorrectly or incompletely according to regulations;

c) Calling advertising phones to users without clear user consent;

d) Calling advertising phones to users who do not agree to receive advertising calls in the customer consent collection dossier;

e) Send advertising registration messages when the user has refused or not answered to receive advertising registration messages;

e) Send advertising messages to users who have refused to receive advertising messages.

Clause 1, Article 7 of Decree No. 330/2026/ND-CP stipulates: From Section 1 to Section 5 of Chapter II of this Decree, regulations on the level of fines applied to administrative violations in the field of network security committed by individuals. In case organizations have the same violation, the level of fines applied to organizations is equal to twice the level of fines applied to individuals.

Thus, from August 19, 2026, businesses that arbitrarily send emails and advertising messages without the consent of the recipient may be fined up to 40 million VND.