1. Notification of cosmetic product

Legal basis

• Law on product and goods quality 2007

• Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation of a number of articles of the law on product and goods quality

• Circular No. 06/2011/TT-BYT dated January 25, 2011 providing cosmetic management

• Circular No. 29/2020/TT-BYT dated December 31, 2020 amendments to and abrogation of some legislative documents promulgated or jointly promulgated by the minister of health.

1.1. Regulations on Notification of cosmetic product

According to Article 3 Circular No. 06/2011/TT-BYT dated January 25, 2011 regulated that:

• Organizations or individuals which are responsible of putting the cosmetic product on the market just permitted selling cosmetic when be issued the number of cosmetic product proclamation receiving by the authority agencies as well as responsible for safety, effectiveness, and quality of product. The authority agencies shall carry out after-sales inspection when the product has been being sold in the market.

• Organizations or individuals who are responsible for putting the products on the market must have the function of cosmetic business in Vietnam.

• Cosmetic product feature proclamation (the cosmetic usage purpose) must satisfy the ASEAN’s instruction of the cosmetic product feature proclamation (Appendix No 3-MP).

1.2. The cosmetic proclamation dossier

According to Article 4 Circular No. 06/2011/TT-BYT dated January 25, 2011 amended by point a, clause 1 Article 1 of the Circular No. 29/2020/TT-BYT dated December 31, 2020 regulated that:

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

• 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) of imported cosmetic products:
  • Cases of CFS exemption:
    • The cosmetic products are manufactured in a member country of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) the participation in which has been approved and brought into effect by competent authorities of that country;
    • The cosmetics products are marketed in and exported from a CPTPP member country: The enterprise responsible for marketing of the products shall submit documents proving that the products have been marketing in the CPTPP member country that are issued by competent authorities of the same country (marketing authorization or registered cosmetic product notification or other documents certifying the marketing of the products in the country) and consularly legalized as prescribed by law;
    • The cosmetics products have been granted a product notification number in an ASEAN country, in which case the enterprise responsible for marketing of the products shall submit the cosmetic product notification which is consularly legalized, except for the cosmetic product announcement slip in one of the cases specified in this Article;
  • Except for the cases of CFS exemption specified in Point a of this Clause, the application for notification of imported cosmetic products shall have a CFS that satisfies the following requirements:
    • The CFS is still effective and issued by a competent authority of the country or origin or exporting country (original copy or authenticated copy). In case the CFS does not have an expiration date, it must be issued within the last 24 months;
    • The CFS is consularly legalized as prescribed by law, unless CFS meets one of the provisions of this Article;
    • The CFS contains at least the information specified in Article 36 of the Law on Foreign Trade Management and Clause 3 Article 10 of the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 on elaboration of the Law on Foreign Trade Management (hereinafter referred to as “Decree No. 69/2018/ND-CP).

2. Notification of food product

Legal basis

• Law on Food safety 2010;
• Decree No. 38/2012/ND-CP dated April 25, 2012 detailing the implementation of a number of articles of the Law on Food safety;
• Circular No. 19/2012/TT-BYT dated November 09, 2012 guiding the regulation conformity announcement and announcement on conformity with regulation on food safety;
• Circular No. 43/2014/TT-BYT dated November 24, 2014 regulating the management of functional foods.

2.1. Publication of regulation conformity or publication of conformity with food safety regulations

According to Article 3 of the Decree No. 38/2012/ND-CP dated April 25, 2012 regulated that:

• Processed food packed availably; food additives; food-processing supporting substances; equipment, packaging materials, food containers (hereinafter referred to as products) that had technical regulations must be publicized regulation conformity and the written publication of regulation conformity must be registered with the competent state agency before products are circulated on the market.
• The products that have not promulgated technical regulations shall be publicized conformity with food safety regulations and the written publication of conformity with food safety regulations must be registered with the competent state agency before products are circulated on the market until the respective technical regulations are promulgated and take effect.

2.2. Dossier of regulation conformity announcement

According to Article 4.2 of the Circular No. 19/2012/TT-BYT dated November 09, 2012, regulated that:

• Papers, documents specified in Article 5 and Article 7 of the Government’s Decree No.38/2012/ND-CP, of April 25, 2012 detailing the implementation of a number of articles of the Law of Food safety (hereinafter referred to as the Decree No.38/2012/ND-CP);
• For results of testing product, stipulated as follows: The results of testing product within 12 months (originals or notarized copies enclosed originals for comparison or consular legalized copies), include criteria at the request of the corresponding technical regulations, of the appointed testing laboratory or recognized independent testing laboratory or accepted testing laboratory.

2.3. Dossier of announcement on conformity with regulation on food safety

According to the Article 5.2 Circular No. 19/2012/TT-BYT dated November 09, 2012, regulated that:

• Papers, documents specified in Article 6 and Article 7 of the Decree No.38/2012/ND-CP.
• For results of testing product, stipulated as follows: The results of testing product within 12 months (originals or notarized copies enclosed originals for comparison or consular-legalized copies), include key quality norms, safe norms, of the appointed testing laboratory or recognized independent testing laboratory or accepted testing laboratory.
• The results of testing utility effectiveness of product for functional food with new utility, being processed from new substances or under new technology, which circulated in market of Vietnam for the first time and not yet proved for safety and effectiveness of product.