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An Law Viet Nam Company Limited
Enterprise Consulting

Imported Cosmetic circulation

Recently, there are numerous cosmetic products imported into Vietnam. However, beside the import procedure, cosmetic products need to have product self-declaration (to be circulated in Viet Nam market)

Cosmetic product is a substance or a preparation intended to be placed in contact with the various external parts of the human body (skin, hair system, finger nails, toenails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting body odours or keeping the human body in good condition.

Certificate of Free Sale – CFS. Is the certificate issued by competent authorities of the exporting countries given to the enterprise so that they can write in CFS to prove that the cosmetic is procured and circulated in the exported country.

Relevant Legal Documents:

  1. Decision 155/2018/NĐ-CP on amendments related to business conditions under state management of the Ministry of Health
  2. Circular 06/2011/TT-BYT regulated cosmetic product management
  3. Circular 09/2015/TT-BYT stipulating the approval for contents of advertisements for special products, commodities and services under the authority of the ministry of health
  4. Circular 29/2020/TT-BYT amendments to and abrogation of some legislative documents promulgated or jointly promulgated by the Minister of Health
  5. Document 1609/QLD-MP orient cosmetic products categorization, cosmetic product function declaration issued by Drug Administration of Vietnam

Imported Cosmetic products circulation application in Vietnam:

  1. 01-MP Cosmetic product self – declaration form 01-MP
  2. Declaration date (soft-copy of Declaration form): In office declaration or online declaration. The declaration that the enterprise submitted to competent authority must be printed from this soft copy.
  3. Authorization documents that have been legalised by the consulate-general of respective countries. The authorization documents need to have:
    • Name, address of business, individual, production site; if the authoriser is the product owner then the owner name, address and the production name, address need to be included.
    • Scope of authorization (circulate cosmetic products in Viet Nam and declare the cosmetic products)
    • Stamp or name of the cosmetic product that are authorised.
    • Authorization timeline.
    • Owner/producer commitment to provide complete Application to organisation, individual responsible for this product in Viet Nam market.
    • Name, designation, signatures of the authoriser to the authorisee
  4. Certificate of Free Sale (CFS): Original or soft-copy with appropriate certification, still valid (if the soft-copy is expired then it needs to be issued within 24 months from the day of issuing). The certificate needs to be legalised by the respective consulate general as prescribed by law.
    • Language: Vietnamese/English/Bilingual

Procedure in proceeding imported cosmetic products declaration in Vietnam:

  1. 01 One set of declaration application.
  2. Organisation, individual responsible of circulating products in the respective market at the drug administration
    • If the application is complete: Within 3 working days counting from the date of receiving application and fees as prescribed by regulation, competent authorities will issue a number of receiving documents.
    • If the application is incomplete: Within 05 working days counting from the date of receiving application, there will be written notification with incomplete content that needs to be amended, supplemented.

About the number of Cosmetic Product declaration:

  1. The number of Cosmetic Product declarations is valid for 5 years counting from the issuing date.
  2. After 05 years: Organisation, individuals wishing to continue circulate on market must re-declare before receiving Certificate declare that cosmetic products have expired and pay the charge as regulated.

Remarks about imported cosmetic products:

  1. Cosmetic products that has granted valid Cosmetic Product Declaration will be allowed to import to Vietnam
  2. Import procedures conducted at the Custom department prescribed by recent regulations.
  3. When conducting import procedures, enterprises need to submit the Cosmetic Products Declaration that has received numbers to the Custom Department.

Should you have any questions, please don’t hesitate to contact An Luat Vietnam for consultation, support. Our law firm with experienced lawyers, always available to support enterprises in completing the application as well as necessary procedures to import the products in market promptly.