Cosmetic Notification Service in Vietnam
According to current stipulations, to import cosmetics into Vietnam, importers have a responsibility to submit a cosmetic product proclamation (announcement) to the Drug Administration of Vietnam(under the Ministry of Health). Among the dossier thereof a CFS (Certificate of free sale) and a Letter of Attorney are required. Contents of such documents should meet the requirements of Vietnam.
In this article, HP Global aims to facilitate our customers, both current and prospective, in document preparation by outlining comprehensive lists of required documents and application prerequisites.
Cosmetic Declaration Dossier
The cosmetic product declaration dossier comprises the following documents:
- Cosmetic Notification Form
- Certified copy of the Business Registration Certificate of the organization or individual responsible for bringing the product to the market (with the signature and seal of the business) => Not mandatory but advisable
- Authorization letter from the manufacturer or owner of the product authorizing the organization or individual responsible for bringing the product to the market for the distribution of cosmetic products in Vietnam.
The authorization letter must be a legally notarized document with the signature and consular legalization by the laws, except in cases where consular legalization is exempted according to international agreements to which Vietnam is a party.
- Certificate of Free Sale (CFS)
The CFS must be consular legalized by the laws, except in cases where consular legalization is exempted according to international agreements to which Vietnam is a party.
*Note: This requirement applies only to cosmetics imported from countries that have not ratified the CPTPP.
Certificate of Free Sale (CFS)
As defined in Point 19, Article 2, Circular 06/2011/TT-BYT, Certificate of free sale (CFS) is a certify issued by an authority agency in the export country for the export domestics trader stated in CFS to confirms that the cosmetic is freely produced and sold in the export country.
The content of CFS should meet the following requrements:
- CFS should have the stamp and signature of the issuing competent agency in the exporting country;
- CFS number and date of issue.
- CFS should be 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.
- Goods eligible for CFS
- Type or category of goods eligible for CFS
- Manufacturer’s name and address
- The CFS clearly indicates that the goods are produced and freely sold in the market or the country of production or the country by which the CFS is issued.
- 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
Related legal document: Point 4, Article 4, Circular 06/2011/TT-BYT and Point 3, Article 10 Degree 69/2018/ND-CP
Note:
- In submiting proclamation for cosmetics products form CPTTP members who approved CPTTP, CFS is not required
- CFS of different countries will be in format of countries thereof, however, the contents need to meet above requirements to be accepted in Vietnam
Letter of Artorney
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
The content of Letter of Artorney should meet the following requrements:
- The presenting language must be Vietnamese or English or bilingual Vietnamese and English.
- The producer’s name and address; in case the delegating party is the owner of product, must clearly state name and address of the owner of product, and name and address of the producer as well
- The name and address of authorized organizations, individuals;
- The scope of authorization (undersigned on the proclamation and circulation product in Vietnam);
- The label or name of authorized product;
- The validity of authorization;
- The commitment of the producer or the owner of product to provide sufficient product information file (PIF) for organizations or individuals who are responsible for putting product on market;
- Name, position, and the signature of the delegating party’s representative.
- 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
Related legal document: Point 4, Article 4 and Article 6 of Circular 06/2011/TT-BYT
Note:
+ Services Firms in Vietnam who provide services of Doing Cosmetics Product Proclamation (Annoucement) are normally provide form of Letter of Attorney for prepare draft of Letter of Artoney, based on that manufacturer/brand owner will sign and stamp to save time and avoid misstate
What is the duration of the Cosmetic Product Notification?
According to the regulations stipulated in Article 10 of Circular No. 06/2011/TT-BYT, the validity period for the Cosmetic Product Notification is five years from the date of issuance. Upon the expiration of this five-year term, organizations or individuals seeking to continue introducing cosmetic products into the market must renew the notification before the expiration date and adhere to the prescribed fee
Frequently Asked Questions about Cosmetic Notification
Question 1: Products not classified as cosmetics
Question: Our company plans to introduce false eyelashes and eyelash growth serums for use in spas and beauty salons. We would like to inquire whether our planned product line falls under the category of cosmetics and requires notification.
Answer:
The characteristics of cosmetics involve effects/results that are not permanent and require regular use to maintain effectiveness. Products that permanently regulate, restore, or alter bodily functions through immune, metabolic, or pharmacological mechanisms are not classified as cosmetics. Products with oral consumption, injection, or contact with other parts of the body (e.g., nasal mucosa, genital organs) are not considered cosmetics.
Based on Official Letter 1609/QLD-MP, false eyelashes and eyelash growth serums are not classified as cosmetics. Therefore, you are not required to undergo the cosmetic notification procedure at the relevant state authority.
Furthermore, you can refer to Some products not classified as cosmetics: Mosquito repellents, room sprays, fabric softeners, toilet bowl cleaners, hydrogen peroxide solution, antiseptic alcohols 700/900, denture cleansers not in contact with the oral cavity, false eyelashes, eye/nose/ear hygiene solutions, nasal congestion products, snore preventers, vaginal lubricating gels, ultrasound gels, products in contact with internal genital organs, rectal suppositories, anesthetics, anti-swelling/edema-reducing products, anti-inflammatory, anti-allergy, antifungal, antiviral products, products stimulating hair/eyelash growth, products removing/reducing fat/body size, weight loss products, products preventing/stopping hair growth, products reducing body odor, permanent ink, scar erasers, scar reduction, products cleansing wounds, etc.
Question 2:Authorization Letter in Case the Owner Is Not the Manufacturer of the Cosmetic Product?
Question: We are preparing the cosmetic notification dossier to import cosmetics from Germany to Vietnam. We have found that the negotiating party is not the owner of the cosmetic product. We would like to ask, in this case, is the authorization letter for importing and distributing cosmetics in Vietnam issued by the manufacturer valid? Or does the authorization letter have to be issued by the owner?
Answer:
The regulations regarding the Authorization Letter (Power of Attorney) are a mandatory document in the cosmetic notification dossier for importing cosmetics.
The content and form of the authorization letter are specified in Articles 4 and 6 of Circular 06/2011/TT-BYT.
In your case, if the manufacturer is not the owner of the cosmetic product, the authorization letter must be issued by the owner. In the authorization letter from the owner, in addition to other required content, it is necessary to clearly state the name and address of the product owner and the name and address of the manufacturer.
Related Article:
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