Legal basis

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

Procedures for cosmetic announcement:

Step one, prepare cosmetic declaration dossier:

Profile of cosmetic product announcement includes:

Firstly, cosmetic product announcement sheet (02 copies) together with announced data (soft copy of announcement slip).

Second, the original or a duly authenticated copy of the power of attorney of the manufacturer or the product owner authorizing the organization or individual responsible for bringing the product to the market to distribute cosmetic products in Vietnam (applicable to imported cosmetics and domestically produced cosmetics that the organization or individual responsible for bringing the product to the market is not the manufacturer). For imported products, the Power of Attorney must be a certified copy of the signature and consularly legalized in accordance with law, except for cases exempted from consular legalization under international treaties to which Vietnam is a member. The power of attorney must meet the requirements specified in Article 6 of Circular 06/2011/TT-BYT.

Third, the Certificate of Free Sale (CFS):

– In case of declaration of cosmetic products imported from countries that are not CPTPP members, a CFS must meet the following requirements:

• The CFS issued by the cosmetic exporting country to Vietnam is the original, still valid. If the CFS does not specify the time limit, it must be issued within 24 months from the date of issue. +
• CFS must be consular legalized in accordance with the law, except for cases exempted from consular legalization under international treaties to which Vietnam is a contracting party.
• CFS must have at least the information specified in Article 36 of the Law on Foreign Trade Management and Clause 3, Article 10 of Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing some Article of the Law on Foreign Trade Management.

– In case of announcement that cosmetic products are circulated and exported from CPTPP member countries (CPTPP member country is any State or separate customs territory for which the CPTPP Agreement has been ratified and entered into force) then there is no CFS.

Step two: Submit the cosmetic declaration

The cosmetic product announcement dossier is made into 01 set. The organization or individual responsible for bringing the product to market shall submit it directly or by post to the following competent state management agencies:

• For imported cosmetics: submit at the Drug Administration of Vietnam – Ministry of Health.
• For domestically produced cosmetics: submit to the Department of Health where the manufacturing plant is located. Cosmetic products manufactured and packaged from imported semi-finished products are considered as domestically produced products.
• For cosmetics trading within the commercial and industrial zone of the Moc Bai border-gate economic zone, Tay Ninh province, the announcement shall be made at the Management Board of the Moc Bai border-gate economic zone; Cosmetics trading within Lao Bao Special Economic – Commercial Zone, Quang Tri province made announcement at the Economic Zone Management Board of Quang Tri province.

The bringing of cosmetics from the commercial and industrial zone of the Moc Bai border-gate economic zone, Tay Ninh province to other functional areas in the Moc Bai border-gate economic zone, Tay Ninh province or to the domestic market for business; or bringing cosmetics from Lao Bao Special Economic – Commercial Zone, Quang Tri province to the domestic market for business must be announced at the Drug Administration of Vietnam – Ministry of Health according to the provisions of this Circular (organization of the Ministry of Health), the individual declaring the cosmetic product’s name must have a cosmetic business function in Vietnam and be outside these two zones).

Step Three: Settlement of Cosmetic Claims

Within 03 working days from the date of receiving the valid publication dossier and the prescribed publication fee, the competent state management agency is responsible for issuing the receipt number of the cosmetic product announcement slip.

If the published dossier does not satisfy the provisions of this Circular, within 05 working days from the date of receipt of the dossier, the dossier-receiving agency shall notify in writing the publishing organization or individual. know the unsatisfactory contents to amend and supplement the dossier (specify the unsatisfactory contents).

Additional records of the unit include:

• Written explanation of the amendment and supplement of the organization or individual in whose name the announcement is made.
• The cosmetic product announcement sheet together with the announced data (soft copy of the Announcement slip) or other documents

Within 05 working days from the date of receipt of additional documents that meet the requirements of Circular 06/2011/TT-BYT, the competent state management agency is responsible for issuing the number of receipt of the Certificate of Public Receipt cosmetic product listing.

In case the amended and supplemented dossier does not satisfy the provisions of Circular 06/2011/TT-BYT, within 05 working days from the date of receiving the supplemented dossier, the dossier-receiving agency shall notify in writing for not issuing a receipt number for the cosmetic product announcement slip for this product.

Within 03 months from the date of issuance of the above notification, if the competent state management agency does not receive additional dossiers of the organization or individual under the name of the promulgator, the publication dossier will no longer be valid. In this case, if the organization or individual wants to continue publishing, they must submit a new application and pay a new fee as prescribed.

Step four, on performance

Imported cosmetic products are allowed to be circulated and used legally.

Step five, validity of cosmetic product announcement slip

Receipt number of cosmetic product announcement slip is valid for 5 years from the date of issue. At the end of the 5-year period, organizations and individuals who want to continue to put cosmetic products on the market must re-announce them before the receipt number of the cosmetic product announcement slip expires and must pay a fee according to the regulations. 

Above is our advice on the issue. If you need more detailed advice as well as how to access this service, please contact Lawyer – Mr. Nguyen Duc Trong directly via hotline: 0912.35.65.75, 0912.35.53.53 or call Free Consultancy Center 1900.6575 or send a service request via email: info@hongbanglawfirm.com

We wish you and your family good health, peace and success!

Best regards!

Hong Bang Law Firm.