Cosmetics Product Proclamation in Vietnam | ANT Lawyers

 Under Vietnam law, a cosmetic product made in Vietnam or imported into Vietnam must go through procedure of proclamation before being sold on the market.

Organizations or individuals distributing the cosmetic product on the market are only permitted when being granted the number of cosmetic product proclamation from the authority agencies. Such organizations or individuals are also responsible for safety, effectiveness, and quality of product.

Organizations, individuals who are responsible for putting products on market are organizations, individuals have name written in the cosmetic product announcement dossier and be responsible for cosmetics product in the market and must have the license of cosmetic business in Vietnam.

The cosmetic product manufacturers or importer may themselves conduct procedure in cosmetic product announcement or authorize for other organizations, individuals satisfying conditions as regulated to do this.

The cosmetic proclamation dossier includes the following documents:

Cosmetic product proclamation report (02 versions) with the proclamation data (soft version of proclamation report);

Copy of business registration certificate of organizations, individuals who are responsible for circulation products into the market (with the enterprise’s signature and seal). In case the cosmetic domestic produced, but organizations, individuals who be responsible for putting products on the market are not the manufacturer must have a copy of business registration certificate of the producer (have legal notarized);

Original or notarized copy of letter of attorney from the producers or the owners of products authorized for organizations, individuals are responsible of putting products on the market in Vietnam (applied to the import or domestic cosmetic of which organizations or individuals are responsible of putting products on the market, be not the manufacturer). For the import product, the letter of attorney must be a copy notarized sign and consul legalized as provisions of law, except for being exempted of the consul legalization in regard to international treaties in which Vietnam is a member. The letter of attorney must satisfy requirements regulated at the Article 6 of this Circular.

Certificate of free sale (CFS) is only applied for import cosmetic product proclamation which satisfies the following requirements: (i) CFS which is issued by the current territory must have been original or legally notarized and still in the day of validity. In case CFS is not provided of the expiry day, it must be a certificate which has just been issued within 24 months; (ii) CFS must be consul legalized according to provisions of the law, except consul legalization immunity case according to the international treaties in which Vietnam is a member.

Depending on type of cosmetic, Vietnam law requires different competent state management agencies responsible for receiving dossier of cosmetic announcement. For the export of cosmetic, the medicine Management Bureau – the Ministry of Health is responsible for receiving proclamation dossier. For the cosmetic produced by domestic organizations, individuals, organizations or individuals who are responsible for bringing cosmetic into market shall apply the cosmetic product proclamation dossier at the Department of Health in which production factory is located. The product which is produced, packed from the import semi finished products shall be considered domestic produced products.

The results of handling the cosmetic product proclamation dossier: the competent state agencies shall issue or refuse to grant the number of receiving the cosmetic product proclamation report.

The receipt number of cosmetic product proclamation report shall be valid for 05 years since issuing date. After 05-year-expiry, if organizations or individuals wish to continue selling product in the market, they must make a proclamation again before the expiry of the receipt number of cosmetic product proclamation report and pay a regulated cost fee.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

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