DISTRIBUTION AND MARKETING OF COSMETICS IN VIETNAM | OVERVIEW DOANH TRI LAW FIRM

As people's lives are developing, the need for beauty is more and more important, especially for women. The cosmetic proclamation is an indispensable job before putting cosmetic products of individuals and businesses in circulation on the market. The State currently has strict regulations on drug import and distribution activities.

I. Legal basis

- Law on Commerce 2005;

- Circular 06/2011/TT-BYT providing cosmetic management;

- Decree 155/2018/ND-CP on amendments to some articles related to business conditions under State management of the Ministry of Health.

II. Distribution

All business activities in Vietnam must comply with the provisions of the law. When entering the cosmetics business, you must also understand the regulations on cosmetic business conditions. Those are the certificates that when the authorities ask, the business unit must have in full.

The first condition for a cosmetic business is that you must have a legal cosmetic business license. Please learn carefully about the licensing procedure with Business Household or the licensing procedure when you want to register to establish a cosmetic business company to do it correctly.

There are a few things that need to be kept in mind when running a cosmetic business:

- Company registration must be carried out before carrying out business activities.

That is, you can only carry out cosmetic business activities when you have been granted a business registration certificate.

- The trademarks of cosmetics must not coincide with the trademarks that have been protected exclusively in Vietnam.

- Cosmetic products, when put into circulation on the market, must be affixed or printed with the label according to the form provided by the company on the product announcement dossier sent to the Ministry of Health.

- Do not perform the act of arbitrarily changing the design or packaging, but it is necessary to notify in writing of this change the competent authority.

- Satisfy the specific conditions specified in Circular No. 06/2011/TT-BYT, specifically as:

+ Conduct product announcement according to regulations

+ If it is not required to declare the product, it needs to meet other conditions depending on the purpose of importing that cosmetic product of the company.

III. Marketing registration

Individuals and organizations responsible for bringing cosmetic products to the market are only allowed to put cosmetics into circulation when they have been issued a receipt number by the competent state management agency. fully responsible for the safety, effectiveness, and quality of the product.

Procedures for the cosmetic marketing registration

Step 1: Prepare dossiers

- 01 Notarized copy of Business Registration Certificate or Investment License;

- Cosmetic product proclamation sheet (02 copies) enclosed with announced data (soft copy of proclamation slip);

- 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 market to distribute cosmetic products in Vietnam. South (applicable to imported cosmetics and domestically produced cosmetics where the organization or individual responsible for bringing the product to the market is not the manufacturer);

Note: For imported products, the Power of Attorney must be a certified copy of the signature and consular legalized in accordance with the law, except for cases where consular legalization is exempted under international treaties. economy to which Vietnam is a member. The power of attorney must meet the requirements specified in Article 6 of Circular 06/2011/TT-BYT.

- Certificate of Free Sale (CFS):

* In case of declaration of cosmetic products imported from countries that are not members of the CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership), 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 a 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 where consular legalization is exempted under international treaties to which Vietnam is a contracting party.

+ The 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 proclamation 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 2: Submit the dossiers

The dossier must be made into 01 set, individuals and organizations are responsible for submitting directly or by post to the competent authority:

- Imported cosmetics: to be submitted at the Drug Administration of Vietnam - Ministry of Health.

- Domestically produced cosmetics: to be submitted to the Department of Health where the manufacturing plant is located. Cosmetic products manufactured and packaged from imported semi-finished products are considered domestically produced products.

Step 3: Process the file

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

Step 4: Get results and potency

Imported cosmetic products are allowed to be circulated and used legally and are valid for 5 years.

The above information is about the ‘Distribution and marketing of cosmetics in Vietnam| Overview Doanh Tri Law Firm.' For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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