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Currently, cosmetic proclamation is an indispensable job before putting cosmetic products of individuals and businesses in circulation on the market. According to the law, cosmetics are goods that must be publicized. announced at the Vietnam Drug Administration by individuals and organizations dealing in cosmetics. So why is the cosmetic proclamation necessary? In this article, Doanh Tri Law Firm will help customers resolve this problem.

I. Legal basis

- 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. General provisions

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.

According to Circular 06/2011/TT-BYT stipulating the management of cosmetic products produced domestically and imported cosmetics for circulation within the territory of Vietnam, including cosmetic product proclamation; product information records; cosmetic product safety requirements; cosmetic labeling; cosmetic advertising; exporting and importing cosmetics; take cosmetic samples to check the quality; examine, inspect and handle violations; responsibility of organizations and individuals producing, trading and importing cosmetics and the rights of consumers.

Therefore, in accordance with the provisions of the law, all cosmetic products of individuals, organizations and businesses trading this product must carry out the cosmetic declaration procedures submitted at the Department of Management. Pharmacy – Ministry of Health.

In addition, in order to bring their products to consumers in the most effective way, cosmetic proclamation is indispensable. This will help consumers feel secure to use the product without fear of counterfeit goods.

The way to declare cosmetic quality is to carry out procedures for cosmetic quality proclamation and submit it to the competent authority. The following is the Law of Enterprises to declare the quality of cosmetics.

III. Procedures for the cosmetic proclamation

Step 1: Prepare dossiers

Registration documents include:

- 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 ‘How to register cosmetic and beauty products in Vietnam?' For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

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