MINISTRY OF
HEALTH
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No. 7/VBHN-BYT
|
Hanoi, March 16,
2021
|
CIRCULAR
ON COSMETIC MANAGEMENT
Circular No. No. 06/2011/TT-BYT
dated January 25, 2011 of Minister of Health on cosmetic management coming into
effect from April 1, 2011 is amended under:
Circular No. 29/2020/TT-BYT
dated December 31, 2020 of Minister of Health on amendments to legislative
documents promulgated and jointly promulgated by Minister of Health coming into
effect from February 15, 2015.
Pursuant to Decree No.
188/2007/ND-CP dated December 27, 2007 of Government on functions, tasks,
powers, and organizational structure of Ministry of Health;
Pursuant to Decree No.
132/2008/ND-CP dated December 31, 2008 by the Government elaborating a number
of Articles of the Law on Products and Goods Quality;
Pursuant to Decree No.
24/2003/ND-CP dated March 13, 2003 of the Government on elaborating to
implementation of Ordinance on Advertisement;
Pursuant to Decree89/2006/ND-CP
dated August 30, 2006 of the Government on labeling products;
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Pursuant to Decision No.
10/2010/QD-TTg dated February 10, 2010 of the Prime Minister on Certificate of
Free Sale for import, export commodities and products;
For implementing Agreement on
ASEAN Harmonized Cosmetic Regulatory Scheme signed on September 2, 2003
(hereinafter referred to as “ASEAN Cosmetic Agreement”), Ministry of Health
prescribes cosmetic management as follows: 1
Chapter I
GENERAL PROVISIONS
Article 1.
Scope and regulated entities
1. This Circular prescribes
management of domestically manufactured cosmetic products and imported
cosmetics for circulation in Vietnam territory, including: announcement of
cosmetic products; product information file; product safety requirements;
cosmetic labeling; cosmetic advertisement; cosmetic import and export; cosmetic
sampling for quality control; inspection and imposing penalties; responsibilities
of individuals and organizations manufacturing, trading, importing cosmetics
and consumers' rights.
2. This Circular applies to
cosmetic regulatory agencies, organizations and individuals conducting affairs
related to announcement of cosmetics, communication, advertisement, import,
export and trade of cosmetics in Vietnam.
Article 2.
Term interpretation
In this Circular, terms below
are construed as follows:
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2. “cosmetic name”
refers to name assigned to a cosmetic product which can be a new name and brand
or name of the manufacturer. Letters of cosmetic name must be Latin-based
letters.
3. “organization or
individual responsible for introducing cosmetic product to the market”
refers to organization or individual whose name is included in declaration of
cosmetic product and responsible for that cosmetic product on the market.
4. “receipt number of
written cosmetic product declaration” is a number issued by a regulatory
agency upon receiving declaration of cosmetic product. Receipt number of
written declaration can be used to certify that cosmetic products introduced to
the market by organizations and individuals that declare to competent cosmetic
regulatory agencies are eligible for circulation on the market without
certifying that the cosmetic products qualify safety, effectiveness and all
requirements of ASEAN Cosmetic Agreement and Annexes attached thereto.
5. “owner of cosmetic
products” refers to an organization or individual possessing formula,
manufacturing process, product quality and standard.
6. “product stability”
refers to ability of cosmetic products to remain original properties and retain
safety requirements in particular when preserved in suitable conditions.
7. “amount of cosmetic
products” refers to amount of cosmetic products in net weight or volume in
metric system or both metric system and imperial system.
8. “cosmetic label”
refers to written copies, printed copies, drawn copies and photocopies of
letters, drawings and images directly pasted, printed, attached, forged,
embossed or engraved on products, commercial packaging thereof or other
materials attached on products or commercial packaging thereof.
9. “cosmetic labeling”
refers to displaying basic details and necessities of cosmetics on labels to
enable users to acknowledge, select and use appropriately; enable manufacturers
to advertise their products and allow authorities to conduct inspection.
10. “original label”
refers to label displayed on commercial packaging of cosmetics for the first
time.
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12. “commercial packaging of
cosmetics” refers to packaging that contains and circulates with cosmetics.
Commercial packaging of cosmetics consists of: Inner packaging and external
packaging.
a) Inner packaging will
directly contain products, make contact with the products, create shapes or be
wrapped along product contour.
b) External packaging refers to
packaging for one or multiple product units in inner packaging.
13. “cosmetic circulation”
refers to display, transport and storage of products during trade process,
except for cases of transporting products of organizations and individuals that
import products from border checkpoints to storage.
14. “cosmetic manufacturing
batch number” refers to a code in number or letter or a combination of both
serving to recognize manufacturing batch and allow traceability of background
of a product batch including all stages of manufacturing process, quality
control and distribution.
15. “cosmetic date of
manufacture” refers to the date on which manufacturing, processing,
packaging or other activities are completed to finish the last stage of a
product batch.
16. “cosmetic expiry date”
refers to a date designated for a cosmetic batch after which the cosmetic batch
must no longer be circulated and used.
17. “best before date”
refers to a date recommended by manufacturers where product quality is at its
highest.
18. “cosmetic origin”
refers to a country or territory where cosmetics are produced in their entirety
or where the final basic preparation stage is conducted in case multiple countries
or territories participate in manufacturing the cosmetics.
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20. “use instruction”
refers to necessary information that guides users to use cosmetics safely and
reasonably. Use instruction can be printed directly on packaging or introduced
in form of documents attached to commercial packaging of cosmetics which
specify use instruction and other details as per the law.
21. “cosmetic advertisement”
refers to introduction and marketing of cosmetics to promote manufacturing
process, sale and use of cosmetics.
22. “cosmetic introduction
conferences and events” are conferences for introducing or discussing
specialized issues relating to cosmetics with consumers.
23. “advertisers” are
organizations and individuals wishing to advertise cosmetics that they produce
and/or distribute.
24. “advertisement
distributors” are organizations and individuals bringing cosmetic
advertisements to consumers, these include press agencies, communication
agencies, television agencies, publishing houses, computer network managers,
organizers of cultural programs, sports programs, fairs, exhibits and
organizations, individuals employing other forms of advertisements.
25. “ASEAN Cosmetic
Committee” (hereinafter referred to as “ACC”) is the agency acting ASEAN
member countries to monitor, decide and deal with disputes regarding
implementation of ASEAN Cosmetic Agreement.
Chapter
II
ANNOUNCEMENT OF COSMETIC
PRODUCTS
Article 3.
Regulations on announcement of cosmetic products
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2. Fees for declaring cosmetic
products shall conform to applicable laws.
3. Organizations and
individuals responsible for bringing products to circulation on the market must
be licensed for operating in cosmetic sector in Vietnam.
4. Declaration of
characteristics of cosmetic products (use purposes of the products) must
conform to ASEAN’s guidelines on declaring cosmetic products’ characteristics
(Annex 3-MP).
Article 4.
Declaration of cosmetic products
Declaration of cosmetic
products consists of following documents:
1. Written declaration of
cosmetic products (2 copies) and declared data (soft copies of the written
declaration);
2.2
(annulled);
3. Master registers or
legitimate certified true copies of power of attorney of manufacturers or
product owners authorizing organizations and individuals responsible for introducing
products to the market to circulate cosmetic products in Vietnam (applicable to
imported cosmetics and domestically manufactured cosmetics where organizations
and individuals responsible for introducing products to the market are not
manufacturers). For import products, power of attorney must contain
authenticated signatures and be consular legalized as per the law, except for
cases in which consular legalization is exempted according to international
agreements to which Vietnam is a signatory. Power of attorney must satisfy all
requirements under Article 6 hereof.
4.3
CFS for imported cosmetic products is regulated as follows:
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- Cosmetic products produced
domestically in member countries of Comprehensive and Progressive Agreement for
Trans-Pacific Partnership where participation in this ASEAN Cosmetic Agreement
has been approved by competent agencies of said member countries (hereinafter
referred to as “CPTPP member countries”);
- Cosmetic products are
circulated and exported from CPTPP member countries: Enterprises responsible
for introducing products to the market must submit written proof of products’
circulation in the CPTPP member countries issued by competent agencies of CPTPP
member countries (license for circulation of cosmetic products or written
declaration of cosmetic products issued with receipt number or other
legislative documents certifying products’ certification in CPTPP member
countries) and consular legalized as per the law, except for following cases:
+ Consular legalization is
exempted according to international agreements to which the Socialist Republic
of Vietnam (hereinafter referred to as “Vietnam”) is a signatory or according
to principle of reciprocity between Vietnam and other countries;
+ Legislative documents are
verified via written documents or email sent by foreign consular missions or
competent regulatory agencies in cosmetics or agencies issuing legislatives
documents of CPTPP member countries to Drug Administration of Vietnam;
+ Enterprises responsible for
introducing products to the market shall send lookup results of legislative
documents from information websites in English of agencies issuing legislative
documents of CPTPP member countries bearing conformation seal of enterprises
together with documents providing information on link address to Drug
Administration of Vietnam. Enterprises must be legally responsible for
legitimacy, accuracy of documents, information and lookup results of enterprises.
- Cosmetic products issued with
receipt number of written cosmetic product declaration in countries affiliated
to ASEAN: Enterprises responsible for introducing products to the market must submit
written cosmetic product declaration issued with receipt number in ASEAN
countries that has been consular legalized as per the law, except for following
cases:
+ Consular legalization is
exempted according to international agreements to which Vietnam is a signatory
or according to principle of reciprocity between Vietnam and other countries;
+ Cosmetic product declaration
is verified by written documents or email sent by foreign consular missions or
competent regulatory agencies in cosmetics or agencies issuing written cosmetic
product declaration to Drug Administration of Vietnam.
+ Enterprises responsible for
introducing products to the market send lookup results of cosmetic product
declaration from website of competent regulatory agencies in English of ASEAN
member countries that issue notice on receipt of cosmetic product declaration
bearing confirmation seals of enterprises together with documents on lookup
address to Drug Administration of Vietnam. Enterprises must be legally
responsible for legitimacy, accuracy of documents, information and lookup
results of enterprises;
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- Valid CFS issued by competent
agencies of countries manufacturing or exporting cosmetics to Vietnam (master
registers or certified true copies). In case CFS does not specify duration, the
copies must be issued within 24 months from the date of issue of the CFS;
- CSF must be consular
legalized as per the law, except for cases in which CFS satisfies any of
following regulations:
+ Consular legalization is
exempted according to international agreements to which Vietnam is a signatory
or according to principle of reciprocity between Vietnam and other countries;
+ CFS is confirmed in writing
or email sent by competent agencies capable of issuing CFS or foreign consular
missions to Drug Administration of Vietnam;
- CFS must contain basic
information under Article 36 of Law on Foreign Trade Management and Clause 3
Article 10 of Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government on
elaborating to Law on Foreign Trade Management (hereinafter referred to as
“Decree No. 69/2018/ND-CP”).
Article 5.
Preparation of written cosmetic product declaration and declared data
1. Written cosmetic product
declaration:
a) Written cosmetic product
declaration shall be produced using Form No. 01-MP. Written declarations must
be signed by legal representatives and bear seals of organizations and
individuals responsible for introducing products to the market. Specify other
contents in written cosmetic product declarations as instructed under Annex No.
02-MP.
b) Each cosmetic product must
be declared in a written declaration.
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Products of the same owners
falling under any of following cases may be included in the same written
declaration:
- Products are packed under
general names and sold as product packs.
- Products with the same name,
in the same produce line with similar formula but in different color or scent.
Regarding hair dye and perfume products, produce declarations for each color.
- Other forms shall be added to
decisions of ASEAN Cosmetic Committee by Drug Administration of Vietnam -
Ministry of Health.
c) Methods of specifying
formula components of cosmetic products:
- Components in product formula
must be specified in full in order of descending content. Perfume, flavoring
components and ingredients thereof can be written as perfume, fragrance, flavor
or aroma. Components with less than 1% of contents can be specified in any
order behind components with more than 1% of contents. Pigments can be
specified in any order behind other components based on color indicators or
name under Annex IV of ASEAN Cosmetic Agreement. For cosmetic products for make
up in various colors, list all pigments in the section “possibly contain” or
“+/-”.
- Specify percentage of
components regulated in terms of concentration and contents under Annexes of
ASEAN Cosmetic Agreement. Use a comma (“,”) as a decimal separator.
- Components must be specified
according to International Nomenclature of Cosmetic Ingredients (INCI) in the
latest publications: International Cosmetic Ingredient Dictionary, British
Pharmacopoeia, United States Pharmacopoeia, Chemical Abstract Services,
Japanese Standard Cosmetic Ingredient, and Japanese Cosmetic Ingredients Codex.
Plants and extract thereof must be specified in scientific name including their
genus and species (genus can be abbreviated). Animal-based components must
include scientific name of the animal species.
The following chemicals are not
considered cosmetic products:
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- Auxiliary materials used for
technical purposes but absent in final products.
- Ingredients used in necessary
quantity namely solvent or carrier of perfume components.
d) Language used in written
declaration shall be either Vietnamese or English. Details under Section 3 (Use
purposes), Section 7 (Information on organizations and individuals responsible
for introducing the products to the market), Section 8 (Information on legal
representatives of the Company), and Section 9 (Information on importing
Company) in the written declaration must be specified in Vietnamese or both
Vietnamese and English.
2. Declared data (soft copies
of written declaration): Organizations and individuals may submit declared data
specified under Clause 1 Article 4 hereof by:
a) person: Organizations and
individuals declaring cosmetic products shall send request for issuance of
accounts for logging into database on cosmetic management to Drug
Administration of Vietnam - Ministry of Health and declare directly on the
database. Written declaration submitted to competent regulatory agencies must
be printed from the database.
b) online: Access website of
Drug Administration of Vietnam, download database of written declaration of
cosmetic products (Annex No. 01-MP), fill in the form on the database as per
the law and copy in electronic storage devices (USB, CD-ROM, etc.). Written declaration
submitted to competent regulatory agencies must be printed from the database.
Organizations and individuals
declaring cosmetic products must be fully responsible for conformity of
information in written declaration of cosmetic products (copies that bear
signatures and seals) to declared data (soft copies) declared or submitted to
supervisory agencies.
Article 6.
Regulations on power of attorney
1. Language used must be
Vietnamese, English or both.
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a) Name and address of
manufacturers; in case authorizing parties are product owners, specify name,
address of product owners and name, address of manufacturers;
b) Name and address of
authorized organizations, individuals;
c) Scope of authorization
(representing for declaration and distribution of cosmetic products in
Vietnam);
d) Authorized brand or
products;
dd) Duration of authorization
e) Commitment of manufacturers
or product owners to provide adequate product information file (PIF) to organizations,
individuals responsible for introducing products to Vietnamese market;
g) Name, title, and signature
of representatives of authorizing parties.
Article 7.
Procedures for receiving and processing declaration of cosmetic products
1. Declaration of cosmetic
products shall be compiled and submitted in person or via post service to
competent regulatory agencies as follow:
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b) For domestically produced
cosmetics: Organizations and individuals responsible for introducing cosmetic
products to the market shall submit declaration of cosmetic products at
Departments of Health where manufacturing plants are based. Cosmetic products
manufactured and packed from imported semi-finished products shall be
considered as domestically manufactured cosmetic products.
c) For cosmetic products traded
within Commercial – Industrial Zone within Moc Bai border economic zone of Tay
Ninh Province, declare at Board for management of Moc Bai border economic zone;
cosmetic products traded within Lao Bao Special Commercial – Economic Zone of
Quang Tri Province, declare at Board for management of economic zone of Quang
Tri Province.
Introduction of cosmetic
products from Commercial - Industrial Zone within Moc Bai border economic zone
of Tay Ninh to other functional zones within Moc Bai border economic zone of
Tay Ninh Province or to domestic market for trade or introduction of cosmetic
products from Lao Bao Special Commercial – Economic Zone of Quang Tri Province
to domestic market for trade must be declared at Drug Administration of Vietnam
- Ministry of Health according to this Circular (organizations and individuals
declaring these cosmetic products must be licensed for trading cosmetic
products in Vietnam and situated beyond these 2 zones).
2. Process declaration of
cosmetic products
a) Within 3 working days from
the date on which adequate application and fees are received, competent
regulatory agencies are responsible for issuing receipt number of written
cosmetic product declaration.
b) In case of inadequate
declaration according to this Circular, within 5 working days from the date on
which the declaration is received, receiving agencies shall inform declarants
in writing about inadequate details for revision.
Request for revision consists
of:
- Written explanation for
revision to be conducted by declarants;
- Declaration of cosmetic
products together with declared data (soft copies of written declaration) or
other revised documents;
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In case revised declaration
fails to satisfy regulations hereof, within 5 working days from the date on
which revised declaration is received, receiving agencies shall issue notice on
rejecting issuance of receipt number of written cosmetic product declaration.
c) Within 3 months from the
date on which the notice under Point b of this Clause is issued, if competent regulatory
agencies do not receive revised declaration of declarants, the declaration will
be invalidated. In this case, declarants will have to submit new declaration
and fees as per the law should they wish to continue.
Article 8.
Regulations on specifying receipt number of written cosmetic product
declaration
Receipt number of written
cosmetic product declaration shall consist of: order number + slash – year of
issuance (last 2 digits) + slash + CBMP + dash + acronym of province, city,
Board for management of economic zone or Drug Administration of Vietnam (QLD)
according to Annex 04-MP.
For example: 135/11/CBMP-HN
means the 135th receipt number issued by Department of Health of
Hanoi in 2011.
Article 9.
Revision to declared contents
For cosmetic products declared
and issued with receipt number of written cosmetic product declaration, in case
of any change to contents specified under Annex No. 05-MP, organizations and
individuals responsible for introducing the products to the market must issue
request for issuance (for contents that do not require new declaration), attach
documents related to contents to be revised and receive written permission of
competent authorities, or produce new declaration (for contents that require
new declaration).
Article
10. Effective period of receipt number of written cosmetic product declaration
Receipt number of written
cosmetic product declaration shall be valid for 5 years from the date of issue.
If organizations and individuals wish to continue to circulate cosmetic products
on the market after 5 years, they must adopt declaration procedures and submit
fees before the previous receipt number of written cosmetic product declaration
expire.
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COSMETIC PRODUCT
INFORMATION FILE
Article
11. General provisions on cosmetic product information file
Each cosmetic product upon
being introduced to the market must possess a product information file (PIF)
produced according to ASEAN’s guidelines and stored at organizations and
individuals responsible for introducing the cosmetic product.
Article
12. Contents of cosmetic product information file
1. A cosmetic product
information file consists of 4 parts as follows:
a) Part 1: Administrative
documents and product summary;
b) Part 2: Ingredient quality;
c) Part 3: Final product
quality;
d) Part 4: Safety and
effectiveness.
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2. Part 1 of product
information file must be presented to inspecting authorities at request; other
parts must be presented within 15-60 days from the irregular inspection of
authorities if said parts are insufficient at the time of inspection.
Chapter
IV
COSMETIC PRODUCT SAFETY
REQUIREMENTS
Article
13. Cosmetic product safety requirements
Organizations and individuals
responsible of introducing cosmetic products to the market must ensure that the
cosmetic products to be introduced do not harm human’s health when used in
normal conditions, suitable conditions according to instruction, suitable
dosage form and with adherence to information on label, instruction, cautions
and other information provided by manufacturers or product owners.
Manufacturers and product
owners must assess safety of each cosmetic product according to ASEAN
Guidelines for the Safety Assessment of a Cosmetic Product. Limit of heavy
metal and microorganisms in cosmetic products must satisfy ASEAN’s requirements
under Annex No. 06-MP. Formula components of cosmetic products must satisfy all
Annexes in the latest edition of ASEAN Cosmetic Agreement (address: www.dav.gov.vn
or www.aseansec.org).
Article
14. Prohibited substances, components regulated in terms of concentration and
content limit and use conditions within formula components of cosmetic products
Organizations and individuals
must not introduce cosmetic products that contain following substances to the
market:
1. Substances prohibited from
use in cosmetic products with conditions thereof under Annex II.
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3. Pigments other than those
listed under Annex IV, section 1, except for cosmetic products containing
pigments solely for dyeing hair.
4. Pigments listed under Annex
IV, section 1 used in conditions other than those specified.
5. Preservatives other than
those specified under Annex VI, section 1.
6. Preservatives listed under
Annex VI, section 1 with excess contents or not in permitted conditions, except
for cases where these substances are used for special purposes unrelated to
their preservative purposes.
7. Ultraviolet filters not
specified under Annex VII section 1.
8. Ultraviolet filters
specified under Annex VII, section 1 with excess contents or not in permitted
conditions.
Presence of substances listed
under Annex II in minimum contents is allowed if such presence is unavoidable
according to “Good manufacturing practices for cosmetics” while safety of
cosmetics specified under Article 13 hereof is guaranteed.
Article
15. Components allowed for cosmetic product circulation
1. Components or ingredients
listed under Annex III, section 2 adhering to specified limit and conditions
until the date specified under column (g) of this Annex.
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3. Preservatives listed under
Annex VI, section 2 adhering to specified limit and acceptable conditions until
the date specified in column (f) of this Annex. However, several components may
be used in different contents for specific purposes and shown clearly in
presentation form of products.
4. Ultraviolet filters
specified under section 2 of Annex VII adhering to permitted limit and regulated
conditions until the date specified under column (f) of this Annex.
Regulations on use of
substances under aforementioned Annexes may subject to changes decided by ASEAN
Cosmetic Committee. These regulations shall be updated automatically and valid
in Vietnam.
Chapter V
COSMETIC PRODUCT
LABELLING
Article
16. Cosmetic label position
1. Cosmetic labels must be
attached to products and/or commercial packaging thereof in a visible spot,
conforming to all regulations on labels and easily seen without detaching
product components.
2. If external packaging cannot
or do not open, labels must be applied on the external packaging and containing
all basic information.
Article
17. Dimension, form and contents of labels
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2. Color of letters, numbers,
drawings, images, symbols presented on cosmetic product‘s labels must be clear.
Color of letters and number must provide a contrast to that of the background.
Article
18. Basic contents of labels
1. Cosmetic product’s labels
must conform to ASEAN’s cosmetic labeling requirements. Basic information to be
shown on labels:
a) Product’s name and
functions, except for cases where presentation form already shows product’s
functions;
b) Use instruction, except for
cases where presentation form already shows product’s instruction;
c) Full formula components:
Specify components according to international nomenclatures in the latest
publications of those specified under Point c Clause 1 Article 5 hereof (do not
specify percentage of components);
d) Manufacturing country;
dd) Name and address of
organizations and individuals responsible for introducing products to the
market (specify in full in Vietnamese according to Business registration
certificates or Investment permit);
e) Amount of cosmetic products
in net weight or volume in metric system or both metric system and imperial
system;
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h) Date of manufacture or
expiry date must be shown clearly (e.g. date/month/year). Date must be specified
in month, year or date, month, year in precise order. May use “expiry date” or
“best before”, if necessary, may include conditions to be guaranteed to ensure
product’s stability.
For products with less than 30
months of stability, expiry date must be specified;
i) Safety warnings during use,
especially according to remarks in “Use conditions and mandatory warnings to be
displayed on labels” column under annexes of ASEAN Cosmetic Agreement and
cautions must be shown on product’s labels.
2. In case dimension, form or
packaging material do not allow full description of information under Clause 1
of this Article on original labels, these information must then be specified on
auxiliary labels attached to cosmetic products and cosmetic’s labels must
specify where the information is shown.
Following information must be
specified on original labels of inner packaging of cosmetic products:
a) Product name;
b) Manufacturing batch.
Article
19. Language used on cosmetic’s labels
Details under Article 18 hereof
must be displayed in English or Vietnamese; information under Points b, dd, and
i Clause 1 Article 18 must be specified in Vietnamese.
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Organizations and individuals
may specify other information on cosmetic’s labels. Additional information must
not contradict regulations and law, must be truthful, accurate and true to
cosmetic products’ nature, must not obstruct or deviate from basic contents of
cosmetic’s labels.
Chapter
VI
COSMETIC ADVERTISEMENT
(annulled)4
Chapter
VII
COSMETIC IMPORT AND
EXPORT
Article
32. Cosmetic export
Cosmetic export shall be
conducted at customs authority as per applicable law and requirements of
importing countries.
Article
33. Application and procedures for issuance of CFS for cosmetics domestically
produced for export5
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2. Procedures for issuance of
CFS for export cosmetics shall conform to Article 11 of Decree No.
69/2018/ND-CP.
3. Fees for issuance of CFS
based on products shall correspond to 1 written cosmetic product declaration
issued with receipt number.
4. Departments of Health of
provinces and central-affiliated cities shall issue and manage CFS for export cosmetics
manufactured in administrative divisions where cosmetic manufacturing
facilities are based.
Article
34. Application and procedures for issuance of Certificate for compliance with
“Cosmetic Good Manufacturing Practices” of ASEAN (CGMP-ASEAN) serving export
demands
1. Manufacturers applying for
Certificates for compliance with “Cosmetic Good Manufacturing Practices” of
ASEAN (CGMP-ASEAN) to serve export shall send application for inspection to
Drug Administration of Vietnam - Ministry of Health. Application includes:
a) Application for inspection
for “Good Manufacturing Practices for Cosmetics” (Annex No. 13-MP);
b)6
(annulled);
c) Organizational structure and
personnel graphs of manufacturing facilities (organizational structure charts
must specify name, title, technical level of officials in charge of each
section), working progress and experience in assigned tasks of officials in
charge of each section (manufacturing, quality control, quality assurance,
warehouse);
d)7
(annulled);
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e) List of currently available
equipment of manufacturing facilities (including manufacturing equipment and
quality control equipment) must display equipment name, year of manufacturing,
manufacturing country and equipment conditions;
g)8
(annulled);
h) Self-inspection record for
“Good Manufacturing Practices for Cosmetics” (Self-inspection records must
specify time of inspection, composition of inspectorate for self-inspection,
objectives of self-inspection, results of self-inspection and proposed time and
measures for drawbacks).
2. Entitlement for application
receipt and resolution:
Drug Administration of Vietnam
- Ministry of Health is responsible for reviewing application, planning,
issuing decisions on forming inspectorate and informing manufacturing
facilities at least 10 days before inspection date.
3. Certificate for compliance
with “Cosmetic Good Manufacturing Practices” is valid for 3 years from the date
of issue.
4. Manufacturers applying for
Certificate for compliance with Good Manufacturing Practices shall submit fees
for appraisal of cosmetic standards and manufacturing conditions as per
applicable laws.
Article
35. Cosmetic import
1.9
(annulled).
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a) Organizations and
individuals importing cosmetics for research and experiment must send manifests
of imported cosmetics used for research and experiment to Drug Administration
of Vietnam - Ministry of Health (Annex No. 14-MP). Maximum quantity for each
product is 10 specimens.
Manifests of imported cosmetics
for research and experiment shall be made into 3 copies. After receiving
approval, 2 copies shall be stored at Drug Administration of Vietnam while 1
copy is sent to the importers. The copy sent to importers must bear the seal
specifying “Copy for enterprise” in order to be presented to customs
authorities during customs clearance procedures.
Imported cosmetic products for
research and experiment must be used for the right purposes and not introduced
to the market for circulation.
b) Organizations and
individuals receiving cosmetics as gifts donation shall adopt import procedures
at customs authorities as per the law. Total value of cosmetic products
received each time must not exceed duty-free product value as per applicable
laws.
Cosmetic samples imported as
gifts and donations must not be introduced to the market for circulation.
c) Organizations and
individuals importing cosmetics for display at fairs, exhibits and other cases
of temporary import for re-export must adopt procedures for issuance of
temporary import for re-export permit of Ministry of Industry and Trade as per
applicable laws.
Chapter
VIII
COSMETIC SAMPLING FOR
QUALITY CONTROL
Article
36. Sampling principles
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2. Amount of samples to be
collected for analysis and storage depends on inspection, quality control
requirements and testing methods as long as it is sufficient for 3 analyses or
sufficient for testing methods that guarantee accurate and reliable results.
3. Samples for analysis and
storage must be stored in containers, welded shut and labeled. Labels of sample
containers must specify product name, name of organizations and individual
responsible for introducing the products to the market, manufacturing batch,
expiry date, sampling location, sampling date.
4. Produce records of cosmetic
sampling using Form under Annex No. 09-MP: records of cosmetic sampling must
specify product name, manufacturing batch, sampling date, sampling location,
records regarding irregularities that occur during sampling process, name and
signatures of individuals collecting samples, representatives of manufacturing
facilities producing cosmetic products that are sampled and witnesses (if
necessary). Records shall be made into 3 copies: 1 copy is stored at
manufacturing facility producing cosmetic products that are sampled, 1 copy is
stored at inspecting authority and 1 copy s stored at cosmetic quality control
authority.
Article
37. Rights and responsibilities of sample collectors
1. Present inspector cards or
quality control officials or letters of introduction or decisions on
establishment of inspectorate signed by heads of cosmetic quality control
agencies when performing tasks.
2. Request manufacturing
facilities to present documents related to origin, quantity and quality of
cosmetic product batches that are sampled, and provide sampling methods, amount
of samples for analysis and storage collected from cosmetic product batches.
3. Examine and collect samples
from any package in cosmetic shipments upon having any suspicion regarding
product quality and safety.
4. Be legally responsible for
techniques and legal procedures during sampling, transport and transfer to
inspecting authorities.
Article
38. Sample transport and transfer
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2. Collected cosmetic samples
must be packed in appropriate packaging and transported via appropriate means
to guarantee preservation as per the law, avoid damage and irreversible
deformation during transport.
Article
39. Quality control conclusion of cosmetic samples
1. Quality control results are
only legitimate and applicable to the whole cosmetic product batches as long as
cosmetic samples collected by competent regulatory authorities regarding
quality control must represent the whole cosmetic product batches and be analyzed
in accredited laboratories.
2. In case cosmetic samples are
sent to state quality control authorities by organizations and individuals for
quality control, quality control results are only legitimate for sent samples.
Article
40. Expenditure on cosmetic sampling and cosmetic quality inspection
1. Expenditure on sampling and
expenditure on inspecting cosmetic samples for quality control in
manufacturing, concocting and circulating on the market shall be incurred by
quality control authorities that decide on sampling and sample inspection
according to Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010 of
Ministry of Finance and Ministry of Science and Technology providing guidelines
on management and use of expenditure for state inspection regarding commodity
quality.
2. In case cosmetic samples are
concluded to be inadequate by cosmetic quality control authorities,
organizations and individuals responsible for introducing the products to the
market must reimburse quality control authorities for all expenditure on
sampling and inspecting cosmetic samples according to Article 10, Article 12,
Article 14, Article 16 and Article 41 of Joint Circular No.
28/2010/TTLT-BTC-BKHCN dated March 3, 2010 of Ministry of Finance and Ministry
of Science and Technology providing guidelines on management and use of
expenditure for state inspection regarding commodity quality and relevant law
provisions.
3. In case cosmetics are
complained and/or accused in terms of quality where the complaints and/or
accusations are concluded to be incorrect by inspecting authorities,
individuals filing complaints and/or accusations must reimburse inspecting
authorities for all expenditure on sampling, analyzing and inspecting cosmetic
samples specified under Clause 1 of this Article.
4. Expenditure on cosmetic
sampling for quality control and expenditure on inspecting cosmetic samples are
allocated in operational cost estimates of state quality control authorities
for cosmetics according to Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated
March 3, 2010 of Ministry of Finance and Ministry of Science and Technology
providing guidelines on management and use of expenditure for state inspection
regarding commodity quality.
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EXAMINATION, INSPECTION
AND ACTIONS AGAINST VIOLATIONS
Article
41. State inspection of cosmetic quality
1. Cosmetic quality control
authorities:
a) Central cosmetic quality
control authority is Drug Administration of Vietnam - Ministry of Health. Drug
Administration of Vietnam shall direct inspection systems on a nationwide
scale. In state inspection for cosmetic quality, Drug Administration of Vietnam
shall cooperate with inspectors of Ministry of Health, National Institute of
Drug Quality Control, Institute of Drug Quality Control - Ho Chi Minh City,
Departments of Health of provinces and central-affiliated cities in
implementing and supervising post-sale activities for cosmetic products.
On the basis of cosmetic
inspection results of state inspection authorities, Drug Administration of
Vietnam - Ministry of Health shall conclude quality of cosmetics on a
nationwide scale.
b) Cosmetic quality control
authorities in local administrative divisions shall be Departments of Health of
provinces and central-affiliated cities. Departments of Health of provinces and
central-affiliated cities shall organize post-sale activities for domestically
manufactured cosmetics and imported cosmetics in local administrative divisions
and deal with issues related to cosmetic quality as per the law. Monitor and
record cosmetic quality control affairs in local administrative divisions.
Conclude cosmetic quality on
the basis of cosmetic inspection results of state inspecting facilities for
cosmetics in local administrative divisions.
2. State inspection system for cosmetic
includes:
a) In central level: National
Institute of Drug Quality Control, Institute of Drug Quality Control - Ho Chi
Minh City;
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3. Heads of cosmetic quality
control authorities are legally responsible for cosmetic quality control
results.
Article
42. Forms of inspection
1. Periodic inspection:
Periodic inspection shall be notified to inspected entities by competent
authorities to enable inspected entities to prepare for inspection in advance.
2. Irregular inspection:
Irregular inspection shall be conducted as soon as unqualified products,
products not conforming to circulation regulation or under complaints of
customers. In an emergency, competent authorities have the rights to conduct
inspection without advance notice.
Article
43. Contents of inspection
1. Inspection for compliance
with regulations and law on cosmetic manufacturing activities:
a) Compliance with principles
and standards of “Cosmetic Good Manufacturing Practices” of ASEAN (CGMP-ASEAN)
or equivalent accredited by ASEAN Cosmetic Committee;
b) Cosmetic product labeling;
c) Product information file
(PIF) according to ASEAN’s regulations;
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2. Inspection for settlement of
disputes, complaints and accusations regarding quality and other issues related
to cosmetics (if any).
3. Inspection for issuance of
announcement on cosmetic recall as per the law (if any).
Article
44. Order of priority in post-sale inspection and supervision
Post-sale cosmetic inspection
and supervision should focus on importing, distributing and manufacturing
entities. Order of priority in post-sale cosmetic inspection and supervision
depends on type of products, origin, brand, label, product formula according to
ASEAN’s guidelines on post-sale inspection and supervision (Annex No. 08-MP).
Article
45. Circulation suspension and recall of cosmetics
1. Cosmetics are suspended and
recalled when any of the following occurs:
a) Cosmetics are circulated
without being issued with receipt number of written cosmetic product
declaration by competent regulatory agencies; or
b) Cosmetics unqualified and
unsafe for users; or
c) Cosmetics having formula
inconsistent with declaration; or
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dd) Cosmetics having labels
that specify use inconsistent with declaration or incompliant with regulations
on product labeling hereof, implement suspension or recall depends on level of
violation; or
e) Cosmetics manufactured by
manufacturing facilities not satisfactory to “Cosmetic Good Manufacturing
Practices” of ASEAN (CGMP-ASEAN) or equivalent accredited by ASEAN Cosmetic
Committee, implement suspension or recall depends on level of violation; or
g) Cosmetics past expiry date
or recommended date of manufacturers; or
h) Fake cosmetics, illegally
imported cosmetics, cosmetics with unclear origin, cosmetics without full
packaging; or
i) Cosmetics subject to
voluntary recall issued by organizations and individuals responsible for
introducing the cosmetics to the market.
2. Entitlement for issuance of
decisions on recalling violating cosmetics:
a) Drug Administration of
Vietnam - Ministry of Health issues decisions on recalling violating cosmetics
on a nationwide scale.
b) Departments of Health of
provinces and central-affiliated cities, Board for management of Moc Bai border
economic zone (Tay Ninh Province), Board for management of economic zone of
Quang Tri Province implementing announcement of Drug Administration of Vietnam
- Ministry of Health regarding recalling violating cosmetics as per the law in
local administrative divisions and reporting to Drug Administration of Vietnam.
Article
46. Revocation of receipt number of written cosmetic product declaration
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a) Cosmetics having 2
unqualified shipments as concluded by regulatory agencies specialized in
cosmetic quality; or
b) Cosmetics having formula
inconsistent with declaration; or
c) Cosmetics having labels
specifying incorrect origin; or
d) Cosmetics having labels
specifying incorrect innate functions of the products; or
dd) Cosmetics unsafe for users;
or
e) Cosmetics containing
substances prohibited from use in cosmetics, substances with excess contents,
concentration; or
g) Cosmetics concluded by
competent authorities to be violating intellectual property rights or imitating
labels of other products licensed for circulation; or
h) Cosmetics prohibited from
circulation in home countries; or
i) Organizations and
individuals introducing cosmetics to the market request revocation of receipt
number of written cosmetic product declaration in writing; or
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l) Imitating documents, using
counterfeit seals or imitating signatures, seals of Vietnamese or foreign
authorities, of manufacturers or product owners; or
m) Untruthfully declaring
details under written cosmetic product declaration.
2. Entitlement for issuance of
decisions on revocation of receipt number of written cosmetic product
declaration number:
a) Drug Administration of
Vietnam - Ministry of Health issues decisions on revocation of receipt number
of written cosmetic product declaration for cosmetic products manufactured
domestically and issued with receipt number by Drug Administration of Vietnam
before April 25, 2009 and imported cosmetic products on a nationwide scale.
b) Departments of Health of
provinces and central-affiliated cities issue decisions on revocation of
receipt number of written cosmetic product declaration for locally manufactured
cosmetic products that they have issued.
c) Board for management of Moc
Bai border economic zone (Tay Ninh Province) and Board for management of
economic zone of Quang Tri Province issue decisions on revocation of receipt
number of written cosmetic product declaration that they have issued.
Article
47. Cases of ceasing to receive declaration of cosmetic products, application
for cosmetic advertisement, organization of cosmetic introduction conferences
and events
1. Competent regulatory
agencies shall cease to review and accept declaration of cosmetic products for
6 months for organizations and individuals that:
a) trade illegally imported
cosmetics, counterfeit cosmetics, cosmetics with unclear origin; or
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c) fail to recall violating
cosmetics under announcement of competent authorities;
d) manufacture or trade
cosmetics in facilities unsatisfactory to principles and standards of “Cosmetic
Good Manufacturing Practices” of ASEAN (CGMP-ASEAN) or equivalent accredited by
ASEAN Cosmetic Committee; or
dd) manufacture or trade
cosmetics containing substances prohibited from use in cosmetics or substances
with excess contents, concentrations as per applicable law; or
e) use materials prohibited
from circulation by manufacturing countries for cosmetic production; or
g) import or trade cosmetics or
cosmetic materials prohibited from circulation by manufacturing countries; or
h) manufacture or trade
cosmetics containing formula inconsistent with declaration;
l) imitate documents, use
counterfeit seals or imitate signatures, seals of Vietnamese or foreign
authorities, of manufacturers or product owners; or
k) untruthfully declare details
under written cosmetic product declaration; or
l) fail to obtain PIF stored in
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a) advertise cosmetics or
organize cosmetic product introduction conferences and events without obtaining
notice of receipt of application for cosmetic advertisement, organization of
cosmetic product introduction conferences and events issued by competent
regulatory agencies as per the law; or
b) advertise cosmetics or
organize cosmetic product introduction conferences and events for cosmetic
products that have not been issued with receipt number of written cosmetic
product declaration; or
c) advertise cosmetics in a way
that can cause consumers to mistake the cosmetics as medicine; advertise
cosmetics in a way that involve credit, name, symbol, images or credentials of
medical or pharmaceutical organizations or health officials; advertise
cosmetics with functions and uses that lack scientific basis.
3. Competent regulatory
agencies shall consider ceasing to accept cosmetic product declaration,
application for cosmetic advertisement, organization of cosmetic product introduction
conferences and events for organizations and individuals that fail to submit
reports on annual business results as per the law.
At the end of the period in
which declaration and application are ceased to be reviewed and accepted, if
entities have fully rectified all violations and produced reports, competent
regulatory agencies shall continue to review and accept cosmetic product
declaration and application for cosmetic product advertisement, organization of
cosmetic product introduction conferences and events.
Chapter
X
RESPONSIBILITIES OF
ORGANIZATIONS AND INDIVIDUALS MANUFACTURING, TRADING, IMPORTING COSMETICS AND
RIGHTS OF CONSUMERS
Article
48. Responsibilities of organizations and individuals manufacturing, trading,
importing cosmetics for circulation in Vietnamese market
1. Organizations and
individuals responsible for introducing cosmetics to the market must be totally
responsible for contents listed under written cosmetic product declaration,
totally responsible for safety, effectiveness and quality of product in order
to guarantee that circulated products satisfy all requirements of ASEAN
Cosmetic Agreement and annexes attached thereto.
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3. In case side effects that
seriously damage consumer’s life stem from cosmetic product quality,
organizations and individuals introducing cosmetic products to the market must
submit reports to Drug Administration of Vietnam - Ministry of Health using
Form under Annex No. 18-MP within 7 days from the date on which they are first
informed about these side effects. Detail reports on these side effects must be
submitted to Drug Administration of Vietnam - Ministry of Health within the
next 8 days.
4. Organizations and
individuals responsible for introducing cosmetic products to the market must
retain product information file for at least 3 years from the date on which the
last batch is introduced to the market and present at request of inspecting
authorities.
5. Cosmetic manufacturers must
implement and satisfy principles and standards of “Cosmetic Good Manufacturing
Practices” of ASEAN.
6. Organizations and
individuals trading cosmetics must implement requirements of competent
authorities in inspection for cosmetic product quality, recall violating
cosmetic products and have the rights to produce complaints about conclusions
and forms of penalties according to regulations and law on complaints and
accusations.
7. Organizations and
individuals responsible for introducing products to the market must conform to
Vietnamese regulations and law on Intellectual property. Once competent
authorities issue conclusions regarding brand and industrial shape that violate
intellectual property rights, organizations and individuals must cease
manufacturing, trade and import to replace brand and industrial shape as per
the law, pay damages and deal with consequences (if any).
Article
49. Rights of cosmetic consumers
Consumers have the rights to be
informed about cosmetics, file complaints, reports and request cosmetic trading
entities to pay damages as per the law for cosmetic products manufactured
and/or circulated in an unqualified, unsafe manner.
Chapter
XI
IMPLEMENTATION
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1. Drug Administration of Vietnam
- Ministry of Health is responsible for updating and implementing regulations
related to ASEAN Cosmetic Agreement on website of Drug Administration of
Vietnam (address: www.dav.gov.vn). Regularly inform relevant
entities and organizations, individuals manufacturing, trading cosmetics about
changes to technical criteria decided by ASEAN Cosmetic Committee while
cooperate in implementing these changes and decisions in Vietnam. All decisions
on cosmetic management approved by ASEAN Cosmetic Committee shall be adopted in
Vietnam.
2. Drug Administration of
Vietnam, Departments of Health of provinces and central-affiliated cities,
Board for management of Moc Bai border economic zone (Tay Ninh Province) and
Board for management of economic zone of Quang Tri Province are responsible for
uploading resolution results of violations in cosmetic sector on their website;
develop roadmap for uploading list of cosmetic products issued with receipt
number of written cosmetic product declaration and resolved cosmetic information,
advertisements on their website to serve post-sale inspection and supervision.
3. On June 30 and December 31
each year, Departments of Health of provinces and central-affiliated cities,
Board for management of Moc Bai border economic zone (Tay Ninh Province) and
Board for management of economic zone of Quang Tri Province shall submit
reports on quality control and post-inspection of cosmetics in local
administrative divisions, reports on issuance of receipt number of written
cosmetic product declaration (Annex No. 15-MP), reports on issuance of notice
on receipt of application for cosmetic product advertisements, organization of
cosmetic product introduction conferences and events (Annex No. 16-MP) to Drug
Administration of Vietnam – Ministry of Health.
4. On January 30 each year,
organizations and individuals responsible for introducing products to the
market must send reports on their business results of the previous years to
Drug Administration of Vietnam - Ministry of Health and local Departments of
Health (Annex No. 17-MP).
Article
51. Schedules and Annexes attached hereto
1. Written cosmetic product
declaration: Form No. 01-MP.
2. Documents guiding
declaration of cosmetic products: Annex No. 02-MP.
3. ASEAN’s guidelines for
publicizing functions of cosmetic product: Annex No. 03-MP.
4. Acronyms of provinces,
central-affiliated cities and Boards for management of economic zone: Annex No.
04-MP.
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6. ASEAN’s requirements for
limit of heavy metal and microorganisms in cosmetic products: Annex No. 06-MP.
7. Product information file:
Annex No. 07-MP.
8. ASEAN’s guidelines on
post-sale cosmetic inspection: Annex No. 08-MP.
9. Record of cosmetic sampling
for quality control: Annex No. 09-MP.
10. Application for cosmetic
advertisement, organization of cosmetic product introduction conferences and
events: Annex No. 10-MP.
11. Notice on receipt of
application for cosmetic advertisement, organization of cosmetic product
introduction conferences and events: Annex No. 11-MP.
12. Certificate of free sale
(CFS): Annex No. 12-MP.
13. Application for inspection
for “Good Manufacturing Practices for Cosmetics”: Annex No. 13-MP.
14. Shipment manifest imported
for research and experiment: Annex No. 14-MP.
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16. List of cosmetic products
issued with notice on receipt of application for cosmetic advertisement,
organization of cosmetic product introduction conferences and events: Annex No.
16-MP.
17. Reports on cosmetic
business results: Annex No. 17-MP.
18. Notice on disadvantageous
effects of cosmetics: Annex No. 18-MP.
Article
52. Transition clauses
1. Starting from the effective
date hereof, all organizations and individuals responsible for introducing
cosmetic products to Vietnamese market must declare cosmetic products according
to this Circular.
2. For products declared from
March 10, 2008 (according to Regulations on cosmetic management attached to
Decision No. 48/2007/QD-BYT dated December 31, 2007 of Minister of Health),
issued with valid receipt number of written cosmetic product declaration and
satisfactory to regulations under this Circular, these products may be
manufactured (for domestically manufactured cosmetics) and imported (for
imported cosmetics) until expiry date of written cosmetic product declaration.
3. Organizations and
individuals responsible for introducing cosmetic products for circulation that are
not satisfactory to cosmetic product safety requirements according to Chapter
IV hereof must recall all products and comply with this Circular.
4. If cosmetic products
circulated during effective period of license are satisfactory to cosmetic
product safety requirements under Chapter IV hereof, the cosmetic products
shall remain being circulated on the market until expiry date of the cosmetic
products.
Article
53. Entry into force10
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2. Annul Decision No.
48/2007/QD-BYT dated December 31, 2007 of Minister of Health on Regulations on
cosmetic management, Decision No. 40/2008/QD-BYT dated December 26, 2008 of
Minister of Health on decentralization of state management for cosmetics
manufactured in Vietnam, Decision No. 22/2008/QD-BYT dated July 2, 2008 of
Minister of Health on authorizing Board for management of Moc Bai border
economic zone of Tay Ninh Province in Commercial – Industrial Zone within Moc
Bai border economic zone of Tay Ninh Province for implementation of cosmetic
management, Decision No. 3450/QD-BYT dated September 21, 2010 of Minister of
Health on authorizing Board for management of economic zone of Quang Tri
Province for implementation of cosmetic management.
3. Heads of entities affiliated
to Ministry of Health, entities affiliated to Ministry of Health; directors of
Departments of Health of provinces and central-affiliated cities and relevant
organizations, individuals are responsible for implementation of this Circular.
4. Difficulties that arise
during implementation of this Circular shall be reported to Ministry of Health
(Drug Administration of Vietnam)./.
PP. MINISTER
DEPUTY MINISTER
Truong Quoc Cuong
1
Circular No. 29/2020/TT-BYT dated December 31, 2020 of Minister of Health on
amendment and annulment of legislative documents issued by Minister of Health,
jointly issued with the following basis of issuance:
“Pursuant to Law on
Issuance of Legislative Documents dated June 22, 2015 and Law on amendments to
Law on Issuance of Legislative Documents dated June 18, 2020;
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Pursuant to Decree No.
54/2017/ND-CP dated May 8, 2017 of the Government on elaborating to Law on
Pharmaceuticals;
Pursuant to Decree No.
69/2018/ND-CP dated May 15, 2018 of the Government on elaborating to Law on
Foreign Trade Management;
Pursuant to Decree No.
96/2012/ND-CP dated November 15, 2012 of the Government on treatment for addiction
to narcotic equivalents with substitutes;
Pursuant to Decree No.
15/2018/ND-CP dated February 2, 2018 of the Government on elaborating to Law on
Food Safety;
Pursuant to Decree No. 34/2016/ND-CP
dated May 14, 2016 of the Government on elaborating to Law on Issuance of
Legislative Documents;
Pursuant to Decree No.
75/2017/ND-CP dated June 20, 2017 of the Government on functions, tasks, powers
and organizational structure of Ministry of Health;
At request of Directors
of Department of Legal Affairs,
Minister of Health promulgates Circular on
amendment and annulment to legislative documents issued by Minister of Health
and jointly issued by Minister of Health.”
2 This Clause
is amended according to Clause 2 Article 12 of Decree No. 155/2018/ND-CP dated
November 12, 2018 of the Government on amendment to regulations relating
conditions for businesses under state management of Ministry of Health, coming into
force from November 12, 2018.
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4 This Chapter
is annulled according to Clause 2 Article 24 of Circular No. 09/2015/TT-BYT
dated May 25, 2015 of Minister of Health on verifying advertisement contents
for special products, commodities and services under management of Ministry of
Health, coming into force from July 16, 2015.
5 This Article
is amended according to Point c Clause 1 Article 1 of Circular No.
29/2020/TT-BYT, coming into force from February 15, 2021.
6 This Point is
annulled according to Clause 2 Article 12 of Decree No. 155/2018/ND-CP, coming
into force from November 12, 2018.
7 This Point is
annulled according to Clause 2 Article 12 of Decree No. 155/2018/ND-CP, coming
into force from November 12, 2018.
8 This Point is
annulled according to Clause 2 Article 12 of Decree No. 155/2018/ND-CP, coming
into force from November 12, 2018.
9 This Clause
is annulled according to Clause 2 Article 12 of Decree No. 155/2018/ND-CP,
coming into force from November 12, 2018.
10
Article 3, Article 4, Article 5 of Circular No. 29/2020/TT-BYT, coming into
force from February 15, 2021 specify as follows:
“Article 3. Entry into
force
1. This Circular comes
into force from February 15, 2021.
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3. Regulations related to
submission of documents, applications and online lookup are applied during
Covid-19 period until Ministry of Health adjusts accordingly.
Article 4. Transition
clauses
1. Applications submitted
to receiving agencies before effective date hereof and being processed shall conform
to relevant regulations hereof or regulations before effective date hereof
whichever benefits the applicants.
2. Regulations on
publicizing information, updating, declaring and reporting online in this
Circular shall be implemented according to order of competent authorities.
Article 5.
Responsibilities for implementation
Director of Department of Legal Affairs,
Chief of Ministry Office, Chief Inspector of Ministry, Directors, Directors
General of Departments, General Departments affiliated of Minister of Health
and relevant agencies, organizations and individuals are responsible for
implementation of this Circular./.”