The demand for cosmetics in Vietnam is popular not only for women but for everyone in modern society. Imported cosmetics are still preferred by Vietnamese consumers because of their diverse types and quality. According to the provisions of law, organizations and individuals responsible for importing cosmetics and bringing cosmetic products to the market in Vietnam are responsible for announcing cosmetic products at drug management agencies before putting products into circulation on the market. Organizations and individuals importing cosmetics or producing cosmetics domestically are only allowed to bring products to the market after announcing and having the receipt number of the cosmetic announcement issued by the drug administration of Vietnam and taking full responsibility for safety, the effectiveness of cosmetic products brought to the market and must comply with the provisions of Vietnamese law.
What types of cosmetic products must be declared for circulation of cosmetic products
Creams, emulsions, milks, gels or oils used on the skin (hands, face, feet, …);
Masks (except for products of chemical origin);
Coloring coatings (liquid, pasty, powder);
Makeup powder, powder used after bathing, hygiene powder, ….
Bath soap, deodorant soap,…..
Perfumes, lotions for hygiene,….
Products for bathing or washing (salt, soap, oil, gel,….);
Hair removal products;
Deodorant and anti-odor;
Hair care products: (Hair dye and bleach, curlers, straighteners, keep hair lines, hair formatting products, cleaning products (milk, powder, shampoo), Products that provide nutrients for hair (milk, cream, oil), hair styling products (milk, hairspray, wax).
Shaving products (cream, soap, milk,….);
Makeup and makeup remover products for the face and eyes;
Products for lips;
Products for tooth and mouth care;
Products used to care for and adorn nails, pedicures;
Products used for external cleaning;
Sunscreen products;
The product tans the skin without sunbathing;
Skin whitening products;
Anti-wrinkle products;
Other products.
Cosmetic announcement process
The cosmetic announcement process is divided into 02 procedures:
Announcement of circulation for domestically produced cosmetics;
Announcement of circulation of imported cosmetics.
Announcement of imported cosmetics circulation in Vietnam
Conditions for enterprises announcing the circulation of imported cosmetic products
Organizations and individuals whose names appear on the dossier of cosmetic announcement must have business registration certificates, including the function of trading in cosmetics.
Currently, according to the code of national economic sectors, cosmetic business lines are recorded in the Certificate of Business Registration as follows:
4649: Wholesale of other household supplies Details: Wholesale of perfumes, cosmetic goods and hygiene preparations.
Special Note:
Cosmetic announcement procedures are carried out online via the https://vnsw.gov.vn/ web portal. Currently, because all dossiers announcing the circulation of imported cosmetics must be submitted online, organizations and individuals whose names are on the cosmetic announcement dossier must register to use electronic digital signatures to submit dossiers of cosmetic circulation announcement. The electronic signature that can be used is the digital signature of the enterprise’s tax payment.
Requirements for dossiers of announcement of circulation of imported cosmetic products in Vietnam
01 Notarized copy of Business Registration Certificate or Investment License.
The language presented in the statement must be in Vietnamese and/or English.
In the following cases, cosmetic products are allowed to be declared in the same declaration:
The products are closed under a common name and sold as a set of products,
Products with similar formulations but different colors or smells
Different products but packaged together in the same packaging as one packing unit
Other forms will be decided by the Drug Administration of Vietnam based on the decision of the ASEAN cosmetic commission.
When there is a change in the published contents, organizations and individuals must re-announce them to the Drug Administration of Vietnam.
The number of receipt of dossiers announcing cosmetic quality standards is valid for 05 years. Organizations and individuals must re-announce at least 01 month before the dossier receipt number expires and must pay fees as prescribed.
Dossiers to be prepared for announcement of circulation of imported cosmetics
STT
Document
Form/quantity
Responsible party
1
Business registration (With cosmetic business/manufacturing function) or head license
private of organizations and individuals whose names are on the dossier of registration for announcement of cosmetic products
01 copy
Testimonials
The Registrar provides
2
Certificate of free circulation of the product in the country of origin
01 copy of consular legalization (original or copy)
The Registrar provides
3
Manufacturer’s Power of Attorney (according to the form Viet An provided)
Check the list of documents in the cosmetic product announcement dossier: 01 – 02 working days from the date of receipt of the documents transferred by the customer;
Drafting and submitting dossiers for announcement of cosmetic products: 03 working days from the date of receipt of complete dossiers transferred by customers.
Note:
The time for preparing dossiers may be extended depending on the number of dossiers announcing cosmetic product standards and ingredient formulations as required;
Competence to receive and announce imported cosmetics
Carry out procedures for announcement of imported cosmetic products at the Drug Administration of Vietnam. Within 20-30 working days from the date of receipt of a complete dossier of announcement of cosmetic products, the Drug Administration of Vietnam shall issue a receipt number for announcement. After having a receipt number to announce cosmetic products, products are free to circulate in the territory of Vietnam.
Note:
The validity of the declaration slip is 05 years. At the end of the validity period of the declaration slip, if the product continues to be circulated on the market, customers must carry out procedures for re-announcement for the announced products.
Announcement of domestically made cosmetics
Conditions for announcement of domestically produced cosmetics
To carry out procedures for announcing cosmetics, declared products and notified units must satisfy the following conditions:
Conditions on business lines
The announcer must have industries, production, trading business (wholesale, retail cosmetics), cosmetics import and export.
Conditions on production license
For domestically produced cosmetic products, the declaring unit must enclose a cosmetic production license licensed by a competent authority.
Conditions for product testing
For domestically produced cosmetic products, when carrying out cosmetic announcement procedures, products must be tested at a testing center to check cosmetic ingredients.
Conditions for imported products
Products imported for publication must have a certificate of free circulation for the product in the country of manufacture and a power of attorney from the manufacturer for the distributor in Vietnam representing the announcement.
Conditions on declared products
The declared cosmetic product must be on the list of cosmetic products permitted to be announced in accordance with the provisions of law, the ingredients constituting the product must meet the standards and not harm the user.
Dossier of announcement of circulation of domestically produced cosmetic in Vietnam
Cosmetic product announcement form (02 copies) together with announcement data (soft version of the announcement form);
A certified copy of the business registration certificate of the organization or individual responsible for bringing products to the market. Where the organization or individual responsible for bringing the product to the market is not the manufacturer; a certified copy of the manufacturer’s business registration certificate must be obtained;
The original or certified copy of the Power of Attorney of the manufacturer or product owner authorizing the organization or individual responsible for bringing the product to the market; to distribute cosmetic products in Vietnam (applicable to domestically produced cosmetics in which organizations or individuals responsible for bringing products to the market are not manufacturers);
Test and formulation of cosmetics published;
Quality standards of cosmetics and test methods;
Test sheets;
Technical or clinical data to prove the special uses of the product (if any);
Product labels.
Procedure for announcing domestically produced cosmetics
Step 1: Identify the unit responsible for announcing cosmetics in the country
The manufacturer or distributor is authorized by the manufacturer to file a cosmetic announcement dossier on its behalf.
Step 2: Determine the agency receiving the cosmetic announcement dossier
The Department of Health of the province/city where the manufacturer’s head office is registered or where the manufacturer is located in the cosmetic factory.
Step 3: Prepare dossiers to announce domestically produced cosmetics
Step 4: Submit the US publication dossier at the competent state agency
Step 5: Receive the results of acceptance or rejection related to the dossier of announcement of domestically produced cosmetics.
Competence to receive dossiers of announcement of domestically produced cosmetics
For domestically produced cosmetics: Organizations and individuals responsible for bringing products to the market shall submit dossiers for announcement of cosmetic products at the Department of Health where the factory is located. Cosmetic products manufactured and packaged from imported semi-finished products are considered domestically produced products.
Handling violations when not registering to announce commercially available cosmetics
According to the provisions of Article 68 of Decree 117/2020/ND-CP dated 28/09/2020, for the act of putting cosmetic products into circulation without being granted a number of receipt of cosmetic product announcement slips by a competent state agency, a fine from VND 20,000,000 to VND 30,000,000 will be imposed.
In addition to the main penalty of a fine, there will be additional penalties such as: Suspension of trading in cosmetic products for a period from 03 to 06 months and:
Application of remedial measures: Forced recall and destruction of infringing cosmetic products.
Services of Viet An Law Firm on cosmetic circulation announcement
In order to help businesses minimize costs as well as related time, Viet An Law Firm provides customers with legal services Announcement of circulation of imported and domestically produced cosmetic products, specifically:
Advising on legal issues before carrying out procedures for announcement of circulation of cosmetic products;
Assist enterprises in preparing dossiers related to the announcement of circulation of cosmetic products;
Drafting relevant legal documents;
Represent enterprises in carrying out procedures for announcement of circulation of cosmetic products at competent state agencies.
Get the results and complete the customer transfer service.
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