LEGAL PROVISIONS ON COSMETIC PRODUCTS PUBLICATION

According to the law, organizations and individuals are only allowed to put cosmetic products on the market when they have been granted a receipt number by the competent state agency to receive the cosmetic product announcement slip. However, at present, many businesses are still having problems with the order and procedures for announcing cosmetic products, especially those that have just made their first announcement. So to better understand the legal provisions related to cosmetic product announcement procedures, DHP Law Firm introduces to readers and customers a summary article on the legal provisions related to the publication of cosmetic products. cosmetic products.

In order to announce cosmetic products to the market, businesses need to first prepare all the necessary documents.

Profile of cosmetic product announcement

Cosmetic product announcement sheet (02 copies) together with announced data (soft copy of Announcement slip).

A copy of the business registration certificate of the organization or individual responsible for bringing the product to market (signed and stamped by the enterprise). In case cosmetics are domestically produced and the organization or individual responsible for bringing the product to the market is not the manufacturer, a copy of the manufacturer’s business registration certificate (with legal certification) is required. rate).

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 where 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. Nam is a member.

Certificate of Free Sale (CFS): Only applicable to cases of declaration of imported cosmetic products that meet the following requirements:

The CFS issued by the host country is the original or a valid, valid certified copy. If the CFS does not specify a time limit, it must be issued within 24 months from the date of issue.

CFS must be consularly legalized in accordance with the law, except for cases where it is exempted from consular legalization under international treaties to which Vietnam is a contracting party.  

Order and procedures for cosmetic product announcement

To announce a cosmetic product to the market, you must go through the following steps:

Step 1: Submit application for cosmetic product announcement online

Enterprises access the web address: https://vnsw.gov.vn .

Enterprises enter the registered account information to access the system.

After successfully logging into the system, the enterprise clicks on the menu “MINISTRY OF HEALTH”. Select “COSMETIC DISCLOSURE”.

Next, enterprises follow the steps in the detailed description at the link https://vnsw.gov.vn/profile/MinistriesDetail.aspx?id=25&item=11 to submit a valid application .

Note: To submit an online cosmetic declaration, businesses need to have an electronic digital signature, prepare a CA to digitally sign the application. Digital signatures are provided by many different vendors, which should be noted when installing supporting software. Next, download the program to support ViettelCAsigner; Install the program on the computer to plug in the digital signature, go to the CA management directory, add a new CA.

Step 2: Settlement of cosmetic declaration dossiers

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 regulations, 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 of the contents of the application. unresponsive to amend and supplement the dossier (specify unsatisfactory contents).

Within 05 working days from the date of receipt of additional documents that meet the regulations, the competent state management agency is responsible for issuing the receipt number of the cosmetic product announcement slip.

In case the amended and supplemented dossier does not meet the requirements, within 05 working days from the date of receipt of the supplemented dossier, the dossier-receiving agency shall notify in writing that it does not issue a receipt number of the Certificate of Invalidation. cosmetic product statement for this product. Within 3 months from the date of issuance of the notice, if the competent state management agency does not receive the additional dossier of the organization or individual named in the announcement, the publication dossier is no longer valid. treat. 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.

Validity of cosmetic product announcement card

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. regulations.

Legal basis:

Circular 06/2011/TT-BYT Regulations on cosmetic management.

Law Office Tran Duc Hung and Associates

For support and advice on the issue of announcing cosmetic products to the market in the best way, please contact us with the following information:

DHP LAW
Address: L4-09.OT06 Landmark 4 Building, Vinhomes Central Park 720A Dien Bien Phu, Ward 22, Binh Thanh District, City. Ho Chi Minh.

Hotline: 0986.938.627

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Post Author: Luật DHP