Cosmetic publication in Vietnam

According to the provisions of the law of Vietnam, the cosmetic products manufactured domestically or imported must comply with cosmetic proclamation procedures. Accordingly, cosmetic products are understood as: a substance or preparation used to come into contact with external parts of the human body (skin, hair system, nails, toenails, lips, and reproductive organs. oral sex) or teeth and oral mucosa whose main purpose is to clean, aroma, change the appearance, appearance, correct body odor, protect the body or keep the body in good condition.

Legal basis of cosmetic proclamation procedure

• Circular 06/2011 / TT-BYT of the Ministry of Health regulating the management of cosmetics.
• Circular No. 32/2019 / TT-BYT amending and supplementing Clause 4 Article 4 and Appendix No. 01-MP of Circular No. 06/2011 / TT-BYT dated January 25, 2011, of the Minister of Health on cosmetic management.
• Decree 155/2018 / ND-CP amending and supplementing several regulations related to business investment conditions under the state management scope of the Ministry of Health.

The cosmetics domestically produced or imported must be announced before being circulated in the Vietnamese market

• Creams, emulsions, milk, gels, or oils used on the skin (hands, face, feet,….)
• Mask (except chemical peeling products)
• Color coatings (liquid, paste, powder)
• Makeup powder, bath powder, toilet powder,…
• Bath soap, deodorant soap, ……
• Perfumes, toilet fragrances,….
• Products for bathing or washing (salt, soap, oils, gels,….)
• Hair removal products
• Deodorants and deodorants.
• Haircare products: (Hair dyes and bleaches, hair curlers, straighteners, hair straighteners, hair formatting products, cleaning products (milk, powder, shampoos), Supply products hair nutrients (milk, cream, oil), styling products (milk, hairspray, wax).
• Products for shaving (cream, soap, milk, …).
• Makeup and makeup remover products for the face and eyes.
• Lip products.
• Products for oral and dental care.
• Products used to care for and beautify nails.
• Products for external cleaning.
• Sunscreen products.
• Products that darken skin without sunbathing.
• Skin whitening products.
• Anti-wrinkle products.
• Other products.

Business conditions to implement procedures of cosmetic circulation announcement

Business line conditions for the cosmetic publication business

Enterprises that publish cosmetics must-have business lines of buying and selling (wholesaling, retailing cosmetics), importing and exporting cosmetics. Specific industry codes are as follows:

4649: Wholesale of other household appliances in detail: Wholesale of perfumes, cosmetics, and toilet preparations.

Conditions of production permits for domestically produced cosmetics

For domestically manufactured cosmetic products, cosmetic companies must submit together with the cosmetic production qualified certificate, which has been licensed by the competent agency.

Conditions for imported cosmetics

Products imported to be able to be declared must have a certificate of free sale for the product in the country of manufacture and a manufacturer’s authorization letter to the distributor in Vietnam announced on their behalf.

Performing cosmetic product testing

For domestically manufactured cosmetic products, when conducting cosmetic proclamation procedures, the profile must be submitted with the cosmetic product test report that will be announced by the testing center to check the cosmetic ingredients.

Condition on cosmetic products announced

Published cosmetic products must be on the list of cosmetic products that are allowed to be published according to the provisions of law, the ingredients that make up the product must meet the standards and not harm the user.

Competence to receive cosmetic publication

For domestically produced cosmetics

Enterprises make a cosmetic announcement at the Department of Health of the province/city where the factory is located.

For imported cosmetics

Enterprises make a cosmetic announcement at the Drug Administration of Vietnam – Ministry of Health.

For cosmetics trading within the industrial trade zone of Moc Bai border-gate economic zone, Tay Ninh province

Enterprises make a cosmetic announcement at the management board of the Moc Bai border-gate economic zone.

For cosmetic business within the Lao Bao Special Economic – Commercial Area, Quang Tri Province

The enterprise made a cosmetic announcement at the Economic Zone Authority of Quang Tri province.

Profile published cosmetics

• The cosmetic product proclamation report (02 copies) with the proclamation data (the soft version of the proclamation report).
• The power of attorney of the manufacturer or product owner authorizes the organization or individual to be responsible for bringing the product to the market to distribute cosmetic products in Vietnam (according to the Viet An Law form).
• Certificate of free sale (CFS).

Several notes when preparing cosmetic publication

About Power of Attorney

• Power of attorney of the manufacturer or product owner authorizes the organization or individual to be responsible for bringing the product to the market to distribute cosmetic products in Vietnam (according to the form of Viet An Law Firm) the original or a valid certified copy.

For imported products, the Power of Attorney must be an authenticated copy of the signature and consolable legalized following the law.

About Certificate of Free Sale (CFS)

In case of declaring cosmetic products imported from non-CPTPP member countries, there must be a CFS that meets the following requirements:

• CFS issued by the cosmetic exporting country to Vietnam is the original, still limited. In case the CFS does not specify a deadline, it must be issued within 24 months from the date of issue.
• CFS must be consular legalized following the law, except for cases exempted from consular legalization under international treaties to which Vietnam is a member.
• CFS must contain the following minimum information:

– Name of agency or organization issuing CFS.

– Number and date of issue of CFS.

– Name of product and goods to be issued CFS.

– Type or group of products and goods to be issued CFS.

– Name and address of the manufacturer.

– The CFS must clearly state that the products and goods are manufactured and allowed to be sold freely in the market of the country of manufacture or the country where the CFS is issued.

– Full name and signature of the CFS signer and seal of the agency or organization issuing the CFS.

In case the cosmetic announcement is circulated and exported from the CPTPP member countries (CPTPP member countries are any State or separate customs territory in which the CPTPP Agreement has been ratified and taken into force), no CFS is required.

Effect of cosmetic publication

The cosmetic proclamation receipt number is valid for 05 years from the date of issue. End of the period of 05 years, organizations and individuals that want to continue putting cosmetic products on the market must re-announce before the cosmetic proclamation receipt number expires and must pay the prescribed fee

Cosmetic publication service of Viet An Law Firm

• Consulting on legal issues before implementing the cosmetic product release procedure: preparing the authorization letter, CFS certificate, and the conditions of the cosmetic product proclamation record of the business;
• Supporting businesses to prepare documents related to applying for cosmetic publication license / cosmetic proclamation slip;
• Drafting legal records related to cosmetic proclamation procedures;
• Representing the business to carry out the procedures of announcing the circulation of cosmetic products at the competent state agency.