Domestic Cosmetic product circulation
Recently, cosmetic consumption has become more common, many enterprises start to invest to produce cosmetic products. However, to guarantee the safety of the product circulation in the market, enterprises need to be cautious with the regulation while producing and circulating cosmetic products.
Regulation about cosmetic products declaration
- Enterprise, individual responsible for circulating cosmetic products in market must possess the function of conducting cosmetic products business in Viet Nam
- Organisation, individuals to circulate cosmetic products after receiving a number of Cosmetic products self-declaration and fully responsible for the safety, effectiveness and quality of the products.
- The function notifications (purpose of using) of cosmetic products must fulfil ASEAN’s instruction about cosmetic products functions.
- Cosmetic products need to declare to circulate as prescribed in Annex 01-MP Circulate 29/2020/TT-BYT (For instance, Creams, Lotion, gel, mask, Make-up powders v.v)
Relevant Legal Documents:
- Decision 155/2018/NĐ-CP amend business conditions under state management of the Ministry of Health
- Circular 06/2011/TT-BYT about cosmetic products management
- 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
- Circular 29/2020/TT-BYT amendments to and abrogation of some legislative documents promulgated or jointly promulgated by the Minister of Health
- Document 1609/QLD-MP orient cosmetic products categorization, cosmetic product function declaration issued by Drug Administration of Vietnam
Circulation notification for cosmetic products produced in Viet Nam:
- Cosmetic Products Declarations (2 sets):
- Follow Annex 01-MP Circular 29/2020/TT-BYT
- Have the legal representative sign and stamped
- Should there be more than one company participating in the production stage then there should be only one Declaration form, with a clear name + address of each company.
- Data published (soft – copy of the Declarations): Can declare in two ways: er send to the Drugs Administration Division to receive account access to the database about cosmetic product management. Enterprise will declare directly in to the database.
- Online declare: Access website of Drug Administration Division to download the data of the Cosmetic Products Declarations forms. After that, enterprises need to fill in complete information, follow the regulations into the database and save in USB, CD-ROM,…
- Declaration submits to the competent authority need to be printed out from that database (apply for both method)
- Original/soft-copy of Authorization letter (with notarization) of producer or owners of the products authorised to the organisation, individual responsible for circulating cosmetic products Viet Nam market.
- Language: Vietnamese/English/Bilingual Vietnamese-English
- Organisations, individuals declare the products need to take full responsibility about the formality of the Declaration forms (the forms with signature, stamps) and the data published (soft-copy) has been declared and submitted to authority.
Procedure in proceeding imported cosmetic products declaration in Vietnam:
- 01 set of declaration application.
- 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:
- The number of Cosmetic Product declarations is valid for 5 years counting from the issuing date.
- 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.
Some remarks about Vietnam cosmetic products declarations:
- When there are changes regarding content that have been published:
- The new information is not subject to the new declaration request: Organisation, individuals circulating the products in market need to issue a document request to supplement documents related to the new information.
- The new information is subject to the new declaration request: enterprises need to form the set of application files as above attached with the approval request from competent authority to execute the new declaration form as regulated.
- Requirements about cosmetic products’ safety: enterprise is not allowed to circulate cosmetic products that consist of forbite substances, preservatives chemicals, as prescribed by law.
Cosmetic products will have to have label on it as prescribed by law (size, content, formality)
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 circulate the products in market promptly.