THE MINISTRY OF HEALTH
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 06/2011/TT-BYT
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Hanoi, January 25, 2011
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CIRCULAR
PROVIDING
COSMETIC MANAGEMENT
Pursuant to the Government’s Decree No 188/2007/ND-CP of
December 27, 2007 regulation about functions, duties, powers and obligation,
and organizational structure of the Health Ministry;
Pursuant to the Government’s Decree No 188/2007/ND-CP of
December 27, 2008 detailing implementation some articles of the Goods and
Products Quality Law;
Pursuant to the Government’s Decree No 24/2003/ND-CP on
March 13, 2003 detailing implementation the Advertising Ordinance;
Pursuant to the Government’s Decree No 89/2006/ND-CP of
August 30, 2006 regulation on labeling of goods;
Pursuant to the Government’s Decree No 12/2006/ND-CP of
January 23, 2006 detailing implementation the Commercial Law in the
international trade activities as well as activities which are agency for sale
and purchase, processing and transit of with foreign country;
Pursuant to the Government Prime Minister’s Decision No
10/2010/QD-TTg of February 10, 2010 regulation about the certification of free
sale for the export or import goods and products;
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The Minister of Health promulgates on cosmetic management as
the following:
Chapter I
GENERAL REGULATION
Article 1: The scope of regulation
and objects of application
1. This circular regulates the management of cosmetic
products which is domestic produced, import cosmetic to sale in the scope of
Vietnam territory, involving: cosmetic product announcement; product
information dossier; request of product safety; product labeling; cosmetic
advertising; cosmetic exporting or importing; collecting cosmetic pattern for
quality inspection, verifying, investigation, and settling violations;
duties of organizations, individuals in cosmetic production, trade, import and
consumers’ right.
2. This circular is applied for the cosmetic state
management agencies, organizations, individuals conduct operations related to
the cosmetic product declaration, the information, the advertising, the export,
the import, the production, the trade of cosmetic products in Vietnam.
Article 2: Term Interpretation
In this Circular, the following terms shall be construed as
follows
1. Cosmetic product is a substance or a preparation
which is used for touch with outside parts of human body (skin, hair system,
finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth
mucous membrane with main purpose in order to cleanse, aromatize, change the
outward characteristics, form, adjust body’s smell, safeguard body, or maintain
the human body in good condition.
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3. Organizations, individuals who are responsible for
putting products on market are organizations, individuals have name written
in the cosmetic product announcement dossier and be responsible for cosmetics
product in the market.
4. The receipt number of Cosmetic product proclamation is
a number issued by the competent state management agency, when receiving the
cosmetic product announcement dossier. The announcement receipt number is
useful in order to prove cosmetic product have been declared by organizations,
individuals who are responsible for circulation products in market, just about
cosmetic shall be circulated in market, are not value to certify that such
product have been guaranteed of the safety, the effectiveness, and meeting all
requirements of the ASEAN Cosmetic Association and the Annexes attached.
5. Cosmetic Product Owner is an organization or
individual which owns formulas, process of production, standards of the product
quality.
6. Product stability is the stable capacity of
product when preserved in the appropriate condition still remains its initial
quality; especially, still guarantees requirements of products safe.
7. Quantitative of goods is the amount of cosmetic
shown with the absolute weight or the true volume in meter or in meter and
British measurement system.
8. Cosmetic label is writing, print, drawing,
photocopy of words, drawings, pictures which are pasted, printed,
enclosed, casted, engraved, carved directly on goods, trade packing of goods,
or other materials affixed with goods, trade packing of goods.
9. Label writing is showing basic, necessary content
of cosmetic in label for customer to acknowledge, to rely on to choice, and use
exactly, for producers to advertise goods and to base for functional agencies
in inspection and supervisory.
10. Original label is the label which shown at the
first time of affixing on trade packing of cosmetic.
11. Auxiliary-label is the label shows compulsory
contents which is translated the cosmetic’s original label from in the foreign
language to in Vietnamese and supplement compulsory contents provided in this
Circular which the original cosmetic label still lacks.
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a. Direct packing is the packing contains goods, directly
contacts with goods, makes into cube or tightly covers in cube of goods.
b. Outside package is the packing used for packing one or a
set of goods organizations which had direct packing before.
13. Cosmetic circulation is the display operation,
transportation, and saving of goods in the goods selling or buying process,
except case of transportation import goods of organizations, individuals from
border gate to storehouse.
14. The number of lot of produced cosmetic is a
signal in number or letter, or combination of number and letter in order to
realize the lot of products and allow inquiring whole of source of a lot of
product including of all steps of the manufacture process, quality inspection,
and delivery lot of that product.
15. Cosmetic manufacturing date is the time mark of
completed manufacture, processing, packing or other ways to perfect the last
step of the product lot.
16. Expiry date of cosmetic is the time mark
appointed for a lot of cosmetic which after this time-limit, the cosmetic shall
not permitted for delivering or using
17. Best using period date is the time mark which the
producers advise the customers for using when the quality of product is gaining
at the most effective level.
18. Cosmetic goods origin is the country or territory
area where products all of cosmetic or where implements the end basic
processing step regarding to cosmetic in case of many countries or territory
areas involved in the cosmetic manufacturing processing.
19. 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.
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21. Cosmetic advertising is cosmetic introductory and
broadcast activities to promote the process of cosmetic manufacture, sale, and
usage.
22. Seminar, cosmetic introduction event is a meeting
to introduce or special subject discuss with consumers about deep professional
knowledge involving cosmetic.
23. Advertiser is organizations, individuals who have
demand to advertise cosmetics produced or delivered by themselves.
24. Advertisement publisher is organizations,
individuals transmit the cosmetic advertising product to consumers, includes
the newspaper; telecommunication; television agencies; publishers; internet
network management organizations; exhibition, fair, culture or sport program
organizer; and organizations, individuals applying other advertising ways.
25. ASEAN Cosmetic Association is the representative
agency of ASEAN member countries for following, decision and dealing conflicts
related to the implementation of ASEAN Cosmetic Convention.
Chapter II
COSMETIC PRODUCT
PROCLAMATION
Article 3: The cosmetic product
proclamation regulation
1. 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.
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3. Organizations or individuals who are responsible for
putting the products on the market must have the function of cosmetic business
in Vietnam.
4. Cosmetic product feature proclamation (the cosmetic usage
purpose) must satisfy the ASEAN’s instruction of the cosmetic product feature
proclamation (Appendix No 3-MP).
Article 4: The cosmetic proclamation
dossier
The cosmetic proclamation dossier includes the following
documents:
1. Cosmetic product proclamation report (02 versions) with
the proclamation data (soft version of proclamation report);
2. Copy of business registration certificate of organizations,
individuals who are responsible for circulation products into the market (with
the enterprise’s signature and seal). In case the cosmetic domestic produced,
but organizations, individuals who be responsible for putting products on the
market are not the manufacturer must have a copy of business registration
certificate of the producer (have legal notarized);
3. 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.
4. Certificate of free sale (CFS) is only applied for import
cosmetic product proclamation which satisfies the following requirements:
a. CFS which is issued by the current territory must have
been original or legally notarized and 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.
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Article 5: The manner to establish
the cosmetic product proclamation report and the proclamation data
1. The proclamation report:
a. The cosmetic product report is set up in accordance with
the form in appendix No 01-MP. The proclamation report must be signed by the
representative under laws and with the seal of the organizations or individuals
who are responsible for sale products in the market at the positions of report’s
paper margins. The manner to write contents in the cosmetic product report
shall followed the instruction in the appendix No 02-MP
b. Every cosmetic product proclaimed in a proclamation
report.
Cosmetic product which perfect produced in every different
enterprises shall be proclaimed separately. In case there are more than one
company, taking part in the manufacturing process in order to product a
complete product, may joint make a proclamation report and clear state each
companies’ name and full address.
Products have the same owners in one of the following
situations is permitted to proclaim in one proclamation report:
- Products are packed with a joint name and sold out in form
of a product set.
- Products have same name, same product line with similar
formulas but different in color or smell. For products of hair dye, perfume,
must be separate proclaimed with each color, each smell.
- Other kinds will be decided by the department of Medicine
management – the Health Ministry based on the ASEAN Cosmetic Association’s
decision.
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- Components in the product formula must be efficiently
listed in descending order of content. Components of perfume, aroma causing
substances and their materials can be written in word “flavoring” (perfume,
fragrance, flavor, and aroma). Components with less than 1% content can be
listed in whatever order after components with more than 1%. Color causing
substances can be listed in whatever order after other components in accordance
with the color index (CI) or by names mentioned in the Appendix 4 (Annex IV) of
the ASEAN Cosmetic Treaty. The cosmetic products for making up under different
colors, the producer can list all color causing substances in “containable”
section or “+/-”.
- Having full percentages of components provided of limit of
concentration and content according to the Appendix (Annexes) of the ASEAN
Cosmetic Treaty. Between the unit position and decimal position shall be marked
with a comma (”,”).
- Ingredient’s name must be written in the International law
name Nomenclature of Cosmetic Ingredients - INCI is regulated in the latest
publications: The International Cosmetic Ingredient Dictionary, the British
Pharmacopoeia, the United States Pharmacopoeia, the Chemical Abstract Services,
the Japanese Standard Cosmetic Ingredient, and the Japanese Cosmetic
Ingredients Codex. Plant title and the fluid is extracted from plant must be
written in the scientific title which involves the limb and species (the limb
title can be shortened). Ingredients from the animal need accurately writing in
the scientific name of that animal.
The following substances are not subject to be considered as
the cosmetic Ingredient:
- Impurities in materials used.
- Auxiliary materials used for the technology purpose but
absent from the end-product.
- Exerted materials used with a necessary mount such as
solvent or the bearer of scent-causing ingredients.
d. The language in the proclamation report may be in
Vietnamese or English. Contents which are mentioned in section 3 (the usage
purpose), section 7 (the information of organization, individual who are
responsible for putting products on the market), section 8 (information of
enterprise’s representative under the law), section 9 (information of import
company) in the proclamation report must be written in Vietnamese or in
Vietnamese and English.
2. The proclamation data (the soft version of the
proclamation report): Organizations, individuals can submit the proclamation
data according to clause 1, article 4 of this Circular by one of two following
ways:
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b. Access the Medicine Management department’s electronic
information page (website), download the database of the cosmetic product
report (Appendix 01-MP), fill all the information into the database according
to the law regulation, save to the electronic device (USB, CD-ROM, etc.). The
proclamation report which is to be submitted to the Government’s Management
Office must be printed from that database.
The organization or the individual, whose name is on the
cosmetic proclamation, must completely be responsible for the propriety of
content of the cosmetics product proclamation report (signed and sealed
version) compare with the proclamation data (soft version) declared or
submitted to the Management Office.
Article 6: Provisions of the
authorization certificate
1. The presenting language must be Vietnamese or English or
bilingual Vietnamese and English.
2. The authorization certificate must have sufficient the
following contents:
a. 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;
b. The name and address of authorized organizations,
individuals;
c. The scope of authorization (undersigned on the
proclamation and circulation product in Vietnam);
d. The label or name of authorized product;
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f. 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;
g. Name, position, and the signature of the delegating
party’s representative.
Article 7: Procedure of receiving
and solving proclamation dossier
1. The collecting and solving cosmetic product proclamation
dossier is packed up into one set, submitted directly or posted to the
following competent state management agency:
a. Regarding to the export cosmetic: organizations or
individuals who are responsible for bringing product into market apply the
cosmetic product proclamation dossier at the Medicine Management Bureau – the
Ministry of Health.
b. Regarding to the cosmetic produced by domestic
organizations, individuals: organizations or individuals who are responsible
for putting product on market apply the cosmetic product proclamation dossier
at the Department of Health in which have production factory. The cosmetic
products which are produced, packed from the import semi finished products
shall be considered domestic produced products.
c. Regarding to the cosmetic trading in the scope of
industrial trading area of Moc Bai border gate economic area in Tay Ninh
province implement of the proclamation at the Moc Bai border gate Economical
Area Management Board; the cosmetic trading in the scope of Lao Bao special
economic -trade area in Quang Tri province implement of the proclamation at the
Economic Area Management Board of Quang Tri province.
The transporting cosmetic from the industrial trade area of
Moc Bai border gate economic area in Tay Ninh province into other function
areas in Moc Bai border gate economic area of Tay Ninh province or into the
domestic market for trading; transporting cosmetic from the Lao Bao special
economic -trade area in Quang Tri province into the domestic market for trading
must implement of the proclamation at the Medicine Management Department– the
Health Ministry in accordance with regulations of this Circular (organizations
or individuals, who undersign on the cosmetic proclamation, must have function
to trade on cosmetic in Vietnam, and not located in two these areas).
2. Handling the cosmetic product proclamation dossier:
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b. In case the proclamation dossier which still does not
satisfy provisions of this Circular, within 05 working days since receiving
dossier, the dossier receiving agency must announce in writing for
organizations or individuals of contents, which having not satisfied yet, to
fix, amend dossier (figuring out unsatisfied contents in details).
The amending dossier includes:
- A document explains amending and supplementing of the organization
or the individual whose name is on the cosmetic proclamation;
- The cosmetic product proclamation report with the
proclamation data (soft copy of the proclamation report) or other amended and
supplemented documents;
Within 05 working days since receiving the supplementing
dossier satisfying the regulations in this circular, competent state management
agencies are obligated to issue the receipt number of the product proclamation
report.
In case the amending and supplementing dossier does not
satisfy this circular’s regulation, within 05 working days since receiving the
supplementing dossier, the dossier receiving agency must announce organizations
or individuals in a text document of not issuing the receipt number of the
product proclamation report.
c. Within 03 months since the announcement document is
issued as provided at point b of this clause; if competent state management
agency still does not receive any supplementing dossier from
organizations or individuals whose name are on the cosmetic proclamation, the
proclamation dossier shall be invalid. In this case, if organizations or
individuals want to continue the proclamation, they must submit a new dossier
and pay a new fee according to the regulations.
Article 8: The regulation on writing
the receipt number of cosmetic product proclamation report
The receipt number of cosmetic product proclamation report
is regulated as follows: issued order number + forward slash + issued year (two
end numbers) + forward slash + CBMP + hyphen + abbreviated name notation of
province, city, the Economical Area Management Board or the Medicine Management
Department (QLD) in accordance with Appendix 04-MP.
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Article 9: The change of proclaimed
contents
Regarding to cosmetic products have already been declared
and issued the receipt number of cosmetic product proclamation report, when
have any change of content provided at Appendix 05-MP, organizations or
individuals who are responsible for putting product on the market must
establish a document to suggest supplementing (regarding to content which don’t
need make a new proclamation), attached with data related to the supplementing
content and must be permitted in writing by competent state agency or implement
a new proclamation in regard to the regulation (regarding to contents need make
a new proclamation).
Article 10: The effect time of the
receipt number of cosmetic product proclamation report
The receipt number of cosmetic product proclamation report
shall be valid for 05 years since issuing day. After 05-year-expiry, if
organizations or individuals want to continue selling product in the market,
they must make a proclamation again before the expiry of the receipt number of
cosmetic product proclamation report and pay a regulated cost fee.
Chapter III
COSMETIC PRODUCT
INFORMATION DOSSIER
Article 11: The general regulation
of cosmetic product information dossier
Every cosmetic product must get a Product Information File
(PIF) when delivered to the market in accordance with ASEAN’s instruction which
is saved at the address of organizations or individuals who are responsible for
putting the product on the market.
Article 12: The Content of the
Product Information File
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a. Part 1: Administrative documents and a summary of
product;
b. Part 2: Material quality;
c. Part 3: Product quality;
d. Part 4: Safety and efficiency.
The details of the product information file are regulated in
Appendix 07-MP.
2. Part 1 of the Product Information File must immediately
be presented to the agency of Consideration, Investigation when required;
others, if inefficiently, must be presented within 15-60 days since the
consideration day in regard to the Functional agency’s request.
Chapter IV
COSMETIC PRODUCT SAFETY
REQUIREMENTS
Article 13: The cosmetic safety
requirements
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The producer or the owner must evaluate the safety property
of every cosmetic product in accordance with the ASEAN safety property norm.
The heavy metal limit and the microorganisms in the cosmetic must satisfy the ASEAN’s
requirements regulated in Appendix No 06-MP. The cosmetic Ingredients must
satisfy the Appendix requirements (Annexes) – new version of the ASEAN Cosmetic
Treaty (website: www.dav.gov.vn or www.aseansec.org).
Article 14: The prohibited
Ingredients, the regulated Ingredients of concentration, content and use
condition limit in the cosmetic product formula
Organizations or individuals are not banned to deliver the
cosmetic product which is composed with:
1. Prohibited substances in the cosmetic with conditions
followed from Appendix II (Annex II).
2. Listed Ingredients in part I from Appendix III (Annex
III), with the concentration, the content exceeds the permissible limit or
condition.
3. Other color substances listed in Appendix IV (Annex IV),
part 1, except the cosmetic which is used for dying hair.
4. Color substances listed in Appendix IV (Annex IV), part
1, is exerted outside mentioned conditions.
5. Maintenance substances outside the section of Appendix VI
(Annex VI), part 1.
6. Maintenance substances listed in Appendix VI (Annex VI),
part 1, with the concentration, the content exceeds the permissible limit or
condition, except these which are used in special purposes unrelated to the
maintenance substances effect.
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8. Substances for filtering the ultraviolet ray in Appendix
VII (Annex II), the content exceeds the permissible limit or condition.
The present substances referred in Appendix II (Annex II)
with the mark content is still acceptable if it is unavoidable technical errors
in “perfecting that cosmetic product” and still satisfies the product safety
requirements in the article 13 of this circular
Article 15: Cosmetic products
contain the following Ingredients are still allowed to be putting on the market
1. Ingredients or materials listed in Appendix III (Annex
III), part 2, in mentioned limits and conditions until the marked schedule in
(g) column of this Appendix.
2. Color substances listed in Appendix IV, part 2, in
mentioned limits and conditions until the marked schedule in this Appendix.
3. Maintenance substances listed in Appendix 2, part 2, in
the permissible limit and condition, until the day which is mention in (f)
column from this Appendix. However, some Ingredients in this amount can be
applied to other contents in specific purposes and presented fully in the
product display form.
4. Substances for filtering the ultraviolet ray is regulated
in part 2 of Appendix VII (Annex VII), in the permissible limit and condition,
until the mentioned day in column (f) of this Appendix.
Regulation about using substances which are involved in
Appendix (Annexes) above can be adjusted in accordance with the ASEAN Cosmetic
Associate’s decision. This regulation shall automatically update and come valid
in Vietnam.
Chapter V
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Article 16: The label location
1. The cosmetic label must be glue on the commodity, package
of commercial article on a location which is easy be seen of full regulated
contents without disconnecting details or parts of the commodity.
2. In case, the outward package is not permitted or
impossible to open, there must be the label with the required information on
the package.
Article 17: The size, the
appearance, and the content of label
1. The organization or the individual who are responsible
for putting products on the market may identify the size of cosmetic product
label but must assure that the information writing on the label must be
readable by the ordinary eyes. The content of the label or the auxiliary label
(if any) must be honest, clear, accurate, and reflect of exact product’s
quality.
2. The color of letter, numeral, drawing, sign, symbol which
are displayed on the label must be clear. The color of letter and numeral must
have contrast to the colored background of the label.
Article 18: The content required to
write on the label
1. The cosmetic product’s label must be suitable for
requirements for the cosmetic label writing set by The ASEAN. The following
contents must be presented on the label:
a. The product’s name and function, unless the presented
form of product has been displayed clearly the product’s function;
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c. The full formula ingredients: must write clearly
ingredients according to the international nomenclature
regulated for latest printed forms mentioned at point c, clause 1, Article 5 of
this Circular (unnecessary to write the percent rate of ingredients);
d. The country where the product was made;
e. The name and the address of organizations or individuals
who are responsible for putting products on market (written fully in Vietnamese
according to the business registration certificate or the investment permission
certificate);
e. Quantification is presented with weight or volume, in
regard to the meter system or the meter system and the British system;
f. The manufacture lot number;
g. The manufacture day or the expiry must be clearly
presented (i.e.: day/month/year). The date writing way must clearly be
presented and involved of month/year or day/month/year in right order. The
“expiry” or “the best using before date” can be exerted, if necessary, can add
the instructed condition needs obey to make sure of the product’s stability.
Referring to products with the stability below 30 months,
the writing of expiry day is compulsory;
h. Warning about safety for usage; especially, warnings in
the “usage condition and required alarms are compelled to be printed the
product’s label” column is referred in Appendices of ASEAN Cosmetic Treaty;
these alarms are compelled to be printed on the label.
2. In case, the size, the form, or the package material can
not be fully printed information which is regulated in charter 1 of this
Circular on the original label, these required contents have to be printed on
the auxiliary label attached with the cosmetic product and on the original
label must figure out the position in which these contents are printed.
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a. The product’s name;
b. The product lot number.
Article 19: The presented language
on the cosmetic label
Contents regulated in the article 18 from this Circular must
be written in English or Vietnamese; specifically, information in part b, e,
and h in clause 1 of the Article 18 must be written in Vietnamese.
Article 20: The other information is
presented on the cosmetic label
The organization or the individual is allowed to write other
contents on the label. The added information is not opposite to the law
regulation and must guarantee the honesty, the accuracy, the true reflection of
the product’s quality without causing the imperative content on the cosmetic
label hidden and deviated.
Chapter VI
COSMETIC ADVERTISING
Article 21: The regulation on
advertising cosmetic
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2. Organizations are allowed to advertise or organize the
seminar and the cosmetic product introduction event when have the receipt of
permission file of advertising, operation seminar, cosmetic introduction event
according to the law regulations.
3. The cosmetic advertising content must be appropriate to
evident materials which affirm the safety and the efficiency of the cosmetic
and be obedient to the ASEAN’s instruction of declaring quality of the cosmetic
product.
Article 22: The content of cosmetic
advertising, seminar, and cosmetic introduction event
The content of cosmetic advertising, seminar, and cosmetic
introduction event must be enough the following information:
1. The cosmetic’ name;
2. The quality, the efficiency (list the cosmetic’
functions, essential effects if not presented on the product’s name);
3. The name and the address of the organization or the
individual who is responsible for putting product on the market;
4. The warning of use (if any).
Article 23: The cosmetic advertising
on the television, the radio device
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Article 24: The advertising on
newspaper or pamphlet
If the advertising is on newspaper or pamphlet, the ending
part of the first page of advertisement document must print: (a) the
advertising registration file receipt No of the Health Service; (b)
day...month...year... of receiving the regular file printed on the file
receipt.
Article 25: The registration dossier
of cosmetic advertising, seminar organization, cosmetic introduction event
1. The registration dossiers of cosmetic advertising,
seminar organization, and cosmetic introduction event are inclusive of the
following documents:
a. The registration applying of cosmetic advertising,
seminar organization, and cosmetic introduction event (Appendix 10-MP);
b. The copy of the issued cosmetic product proclamation
report (sealed by organization or individual who registers to advertise);
c. The copy of the business registration certificate of
organization or individual who registers to advertise (sealed by organization
or individual who registers to advertise);
d. The authorization letter of organization or individual
who proclaims cosmetic for organization or individual who registers for
advertisement, cosmetic introduction event, seminar operation (in case,
organization or the individual who registers for advertisement, cosmetic
introduction event, seminar operation is not organization or individual who
proclaims cosmetic);
e. The subtitles materials of the product’s properties and
utilities in case the advertised content and the presented content at the
seminar or the cosmetic introduction event show the cosmetic’s properties and
utilities which are outside the presented content in the cosmetic product
proclamation report;
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2. The manner to set up registration file for cosmetic
advertising, cosmetic introduction event, seminar operation:
a. The cosmetic advertising registration file can be
established for one or many products, which are advertised in many different
public information means.
The cosmetic advertisement or the advertising sceneries can
be set up for one or many different products.
b. The cosmetic introduction event, seminar operation
registration file can be set up for one or many products, operated at one or
many locations in cities or provinces.
Article 26: The authority of
receiving and handling registration file of cosmetic advertising, cosmetic
introduction event, and seminar organization
1. Before advertising of cosmetic, organizations,
individuals have to send 01 set of cosmetic advertisement registration file
according to the current provisions to the Health Department of place where the
main office of organizations, individual proclaiming cosmetic products is
located. The file envelop must clearly be written on with “the cosmetic
advertising registration file”.
2. Before operating seminar, cosmetic introduction event,
organizations, individuals have to send 01 set of applying file according to
the current provisions to the Health Department of location where operate
seminar, cosmetic introduction event. The file envelop must clearly be written
on with “the seminar, cosmetic introduction event operation registration file”.
3. The Health Departments of centrally-affiliated cities and
provinces (except advertising forms which are implemented according to the
February 28, 2007 Joint Circular No 06/2007/TTLT/BVHTT-BYT-BXD of the Ministry
of Culture and Information, the Ministry of Health, the Ministry of
Agricultural and Rural Development, the Ministry of Construction on guiding the
one-stop shop procedures for the grant of advertisement permits) receive and
solve the registration dossier of cosmetic advertising, cosmetic seminar
organization, and cosmetic introduction event.
Article 27: The order and procedure
of issuing the registration dossier receipt of cosmetic advertising, seminar
organization, and cosmetic introduction event
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2. In case the file is irregular to this Circular’s
provisions, the Health department shall notify the organization with an
announcement in writing to supplement, complete the dossier.
a. In the announcement, must be stated clearly, in detailing
of amending and supplementing documents and contents.
b. The organization has to amend and supplement according to
the mentioned contents in the required amending and supplementing document and
send back to the Health department. When the organization has yet supplemented
the file fully, the Health department shall send a file receipt, the date
printed on the file receipt is the date when Health department has received the
full supplemented file. After 10 working days, since the day of receiving the
supplemented advertisement content, if the Health department does not send out
a amending and supplementing requirement in writing, the organization shall be
permitted to advertise, operate seminar, cosmetic introduce event in regard to
the amended content.
c. In case, the supplemented file cannot rightly satisfy the
referred contents in the amending and supplementing document, the Health
department shall notify to the organization not to advertise, operate seminar,
cosmetic introduce event as registered contents. Therefore, if the organization
wants to continue to advertise, operate seminar, cosmetic introduce event, have
to apply the file again, order of the file registration and consideration shall
be implemented from the beginning and pay the fee as provided.
d. In 02 months, since the Health department sends a
document on contents need be supplemented to the file applying organization, if
the Health department does not receive any document attached with the
supplementing file, the registration file of advertisement, seminar, cosmetic
introduce event operation shall be invalid.
Article 28: The advertising information
content evaluating fee
1. The cosmetic advertising content evaluating fee of an
applying file collect/pay according to the current provisions which is
calculated upon the products in 01 cosmetic product proclamation report issued
the receipt number (independent from public telecommunication devices used for
advertisement).
2. The cosmetic introduction event, seminar operation file
evaluating fee (the advertising information content evaluating fee) collect/pay
according to the current provisions which is calculated upon the products in 01
cosmetic product proclamation report issued the receipt number (independent
from the number of cosmetic introduction event, seminar operation times).
Article 29: The cosmetic advertising
in other local areas
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Article 30: Changing and
supplementing the content of advertising, seminar organization, and cosmetic
introduction event
1. The organization who registers advertising, seminar,
cosmetic introducing event operation must submit a supplementation registration
file to the Health department where issues the file receipt when change one of
the following contents:
a. Name, address of organization or individual who are
responsible for putting product on the market without changing the business
registration certificate number or the investment certificate number;
b. Name, address of organization who registers advertising,
seminar, cosmetic introduction event operation without changing the business
registration certificate number or the investment certificate number;
c. Location and formal time of seminar, cosmetic
introduction event operation compared to the registered estimation.
2. The supplementing file involves: the suggesting document
for changing and supplementing, as well as documents in related to changing and
supplementing content.
3. Other changes or supplementations out of contents
referred at charter 1 of this Article, the organization who registers
advertising, seminar, cosmetic introduction event operation must implement new
registration as prescribed.
4. The Health department is obligated to deal supplementing
files in 10 working days, since receiving enough regular file.
Article 31: The invalid cases of
cosmetic advertising content, seminar organization content, and cosmetic
introduction event
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a. The Cosmetic which has circulation registration number,
cosmetic quality standard proclamation receipt number, cosmetic product
proclamation receipt number is invalid.
b. The cosmetic which is recommended not to be consumed or
is withdrew by the state authority management agency.
c. There are changes about the information affecting the
safety and quality of cosmetic.
2. The organization that has advertising content, seminar
organization content, and cosmetic introduction event be invalid, is compelled
to communicate with related agencies, the advertisement publisher in order to
stop publishing the cosmetic advertising information.
Chapter VII
EXPORT OR IMPORT OF
COSMETIC
Article 32: Export of cosmetic
Export of cosmetic must be implemented at the Customs agency
in accordance with the current law regulation and the import country’s
requirements.
Article 33: The file, procedure of
issuing the Certificate of Free Sale (CFS) in regard to the cosmetic which has
been domestic produced for export
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a. The CFS issuing request applying (Appendix IV of the
February 10, 2010 Decision No 10/2010/QD-TTg of the Prime Minister, on
providing the certificate of free sale for the export or import commodities,
products) must be fully regularly enumerated;
b. The copy of the cosmetic product proclamation report has
been issued the receipt No (the copy sealed by trader who suggest for the CFS
granting).
2. The issuing of the Certificate of Free Sale (CFS) for
cosmetics which are domestic produced for export must be implemented according
to regulations in Chapter II of the February 10, 2010 Decision No
10/2010/QD-TTg of the Prime Minister, providing the certificate of free sale
for export or import commodities, products; moreover:
a. The domestic cosmetic for export purpose is issued the
CFS when it is issued the cosmetic product proclamation receipt number by
competent state management agency.
b. The export trader must register the trader file at the
Health department where have cosmetic manufacturing plant and make CFS
issuing procedure for export cosmetic goods.
c. Every CFS is issued for 01 or many products (CFS pattern
in regard to Appendix 12-MP) and become effective in next 02 years since issued
day.
3. The cost or the fee for the CFS issuing is implemented
according to the current regulation (The cost or the fee for the CFS issuing is
calculated on product in 01 cosmetic product proclamation report with issued
receipt number).
4. The Health department in central-affiliated cities and
provinces are competent agencies in issuing and managing CFS of export
cosmetics which are manufactured in that area (where the manufacturing plant is
placed).
Article 34: The file, the procedure
of issuing the certificate of organization satisfying principles and norms of
the “cosmetic good manufacture practice” of the ASEAN Association (CGMP-
ASEAN), which serves for the export demand
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a. The consideration registration applying of “cosmetic good
manufacture practice” (Appendix No 13-MP);
b. The copy of Business Registration Certificate of the
Investment license;
c. The organization chart and human of organization (the
organization chart must clearly presents the name, job title, technical,
professional level of officers who are in charge of parts), the working process
and experiences in the assigned fields of the officers who are in charge of
parts (manufacture, quality check, quality guarantee, storehouse);
d. The training program, assessment results of training the
“cosmetic good manufacture practice” at organization;
e. The location chart and design of factory (includes: the
general background chart, the worker’s way chart, way chart of material,
package, semi-finished product, finished product, waste-treating system chart);
f. The list of factory’s current equipments (involves
manufacturing equipments and cosmetic quality-checking equipments) has to
clearly states name, manufacture year, manufacture country and situation of
equipment);
g. The list of goods which are being manufactured or
estimated produced (state clearly the product form);
h. The self-investigation minutes of “the cosmetic good
manufacturing practice” (the self-investigation minutes must clearly states
investigation time, element of self-investigation delegation,
self-investigation purpose, self-investigation results and time proposals and
contemporary problem-solving means).
2. The authority of receiving and handling file:
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3. The certificate of organization satisfying principles and
norms of the “cosmetic good manufacture practice” is valid in 03 years since
the issuing day.
4. The manufacture organization (the GMP registration
organization for short) must pay the fee for evaluating of cosmetic manufacture
standards and conditions, in accordance with the current regulations.
Article 35: Import of cosmetic
1. Cosmetic products which have been issued the valid
cosmetic product proclamation receipt number by the Medicine Management
department – the Health Ministry, permitted to import in Vietnam. The import
procedure is implemented at the Customs agency according to the current
regulations. When implementing the import procedure, enterprise presents to the
Customs agency the cosmetic product proclamation report which has been issued
the receipt number by the Medicine Management department – the Health Ministry.
2. Import of cosmetic in some special situations (not
obligated to implement the cosmetic product proclamation according to this
Circular’s regulation);
a. Organization or individual who imports cosmetic in order
to study and experiment must send the cosmetic import bill used for studying
and experiment to the Medicine Management department – the Ministry of Health
(Appendix No 14-MP). The maximum amount for each product is 10 patterns.
The cosmetic import bill which is used for studying and
experiment is made into 03 versions. After approved, 02 versions are saved at
the Medicine Management department, 01 version is sent back to the
organization. The version which is sent back to the organization shall be
sealed with “the version for sending to enterprise” in order to present to the
customs agency when make customs clearance procedure.
The cosmetic products which are imported for studying,
experiment have to be used in the right purpose and not to permit to put on the
market.
b. The organizations, individuals who receive cosmetic as
gifts must implement the import procedure at the customs agency as the
regulations. The overall value of each gift receiving time is not to exceed the
cargo quantum which is exempted of the imposed tax in the current regulations.
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c. The organizations, individuals who imports cosmetic for
displaying at fair, gallery and other temporary import for re-export situations
must implement procedure of applying for temporary import for re-export license
of the Ministry of Industry and Trade in accordance with the current
regulations.
Chapter VIII
COSMETIC SAMPLING FOR
THE QUALITY CHECK
Article 36. The principle of
sampling
1. Cosmetic sampling for quality checking or supervision
must follow the principle of sampling random pattern and take pattern at
different positions of the product lot.
2. The amount of pattern which is necessary to collect for
analysis and archives basing on the checking requirement, quality standard,
test method, but at least enough for the three-time-analysis or enough for
implementation experiment which guarantee result accurate and trustworthy.
3. The pattern for analysis and archives must be put into
the cover, tightly soldered, and labeled. The label of thing cover pattern must
clearly state the product’s name, the name of the organization or the
individual responsible for putting product on market, the lot number, the
expiry of using, place of sampling, and date of sampling.
4. Make the minutes of cosmetic sampling in accordance with
Appendix 09-MP : The cosmetic sampling minutes must clearly state the product’s
name, the manufacture lot number, date of sampling, place of sampling, records
of abnormal in sampling process, the signature and name of sampling person, the
sampled organization’s representative, the seer (if necessary). The minutes is
made into 03 versions : One version saved at organization of collecting
pattern, one version saved at the consideration agency, one version saved at
the cosmetic quality checking management agency.
Article 37. The rights and
obligations of sampling officer
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2. Asking organization having the pattern to present
dossiers or the materials related to source, quantity, quality of the sampling
cosmetic lot; giving out the method of sampling, quantity of patterns for
analysis and archives samples from the cosmetic lot in the sampling process.
3. Checking and sampling any pattern packaged from the
cosmetic lot when have any suspicion of product’s quality and safety.
4. Being responsible for the technical manipulation, the
legal procedure in the process of sampling, transportation and transfer samples
to the analyze agency.
Article 38. The transportation and
transfer samples
1. After finishing the sampling, the sampling officer must
send samples with the cosmetic sampling minutes attached and hand over to the
analyze agency. In special cases, the sample can be posted to the analyze
agency.
2. The cosmetic samples must be packed up inside the
appropriate cover and transported by the suitable means to make sure that the
samples are maintained in accordance with the regulation, avoid spoiling,
damage during transportation process.
Article 39: The conclusion of the
cosmetic samples quality checking
1. The cosmetic samples which are collected by the quality
checking authority state agency guarantee the representative property for the
whole cosmetic lot and are implemented to analyze in the recognized
laboratories; for which the conclusion of the quality checking result shall be
legal valid regard to the whole product lot.
2. All cosmetic samples which are sent to the quality
checking state agency by organizations or individuals in order to analyze the
quality; for which the checking result shall be just legal valid regard to the
sent samples.
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1. The cosmetic sampling fee and the cosmetic sample
analyzing cost for the cosmetic quality check in manufacturing, composing, and
putting on the market will be paid by the quality checking agency who decides
on sampling and analyzing sample in accordance with the regulation of the March
3, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN by the Joint-Ministries of
Finance, Science, and Technology, on guiding budget management and spending in
relation to state checking operation of the commodity product quality.
2. In case, the analyzed sample is unsatisfied the quality
standard which concluded by the cosmetic quality checking agency,
organizations, individual who are responsible for putting the product on the
market must pay for the whole fee of collecting pattern, analyzing cosmetic
pattern to the quality checking agency in accordance with Article 10, Article
12, Article 14, Article 16, and Article 41 of the Product Quality Law in 2007,
the March 3, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN of the
Joint-Ministries of Finance, Science, and Technology on guiding budget
management and spending in relation to state checking operation of the
commodity product quality, and related law documents.
3. In case, the cosmetic is complained and accused of the
quality; however, the quality checking agency conclusive that the complaint,
accusation of product quality are not right, the person, who complaint, accuse,
must pay for the whole fee of sampling, analyzing cosmetic sample to the
quality checking agency regulated in charter 1 of this Article.
4. The cosmetic sampling payment for quality checking, the
cosmetic sample analyzing payment are organized in the operation budget
estimate of the cosmetic quality checking state agency, according to the
regulations in the March 3, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN of
the Joint-Ministries of Finance, Science, and Technology on guiding budget
management and spending in relation to state checking operation of the
commodity product quality, and related law documents.
Chapter IX
CHECKING,
INVESTIGATING, AND HANDLING OF VIOLATIONS
Article 41: The state checking on
the cosmetic quality
1. The cosmetic quality checking agency:
a) The Cosmetic Quality Checking Central agency is the
Medicine Management department – the Ministry of Health. The Medicine
Management department directs the checking-system in the whole country. In the
cosmetic quality checking state activities, the Medicine Management department
coordinates with the inspector of the Health Ministry, the Medicine Analyzing
Central Institute, the Medicine Analyzing Institute of Ho Chi Minh City,
Medicine departments of centrally-affiliated cities and provinces in order to
carry out and supervise the post-sale promotion activities regard to the
cosmetic products.
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b. The local cosmetic quality-checking agency is the Health
department of centrally-affiliated cities and provinces. The Health departments
of centrally-affiliated cities and provinces organize to carry out the
post-sale promotion activities on the domestic cosmetic, the import cosmetic
which is delivered in their area, and handle problems in relation to the
cosmetic quality according to the law regulations; follow and statistic of the
cosmetic quality management situation in their localities; conclude the
cosmetic quality on the cosmetic-analyzing result of the cosmetic quality
analyzing state agency in their localities.
2. The cosmetic analyzing state system involves:
a. In the Central: The Central Medicine-Analyzing Institute,
the Medicine-Analyzing Institute of Ho Chi Minh City.
b. In the Locality: The Medicine and Cosmetic Analyzing
Centers in centrally-affiliated cities and provinces.
3. The Heads of cosmetic quality analyzing state agencies
are responsible for the conclusion of cosmetic quality-checking result before
the law.
Article 42: The checking and
inspecting form
1. The scheduled check and inspection: The scheduled check
and inspection shall be warned for the checked organization in order to prepare
being inspected before implementing of checking, inspecting activities.
2. The sudden check and inspection: The sudden check and
inspection shall be made when discovering the products which are unqualified
product, don’t obey provisions of putting on the market, or because of the
customer’s complaints. In urgent cases, the authority agencies have the right
of check and inspection without warning.
Article 43: The content of checking
and inspecting
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a. The obedience of principles and standards of “cosmetic
good manufacturing practice” of the Asian Southeast Association Nations
(CGMP-ASEAN) or equivalence which are admitted by the ASEAN Cosmetic Association;
b. The label writing;
c. The Product Information File (PIF) regulated by the
ASEAN;
d. The cosmetic advertising.
2. The check and the inspection of solving the dispute, the
complaint, the denouncement on the quality and other contents related to the
cosmetic (if any).
3. The check and the inspection of implementing announcement
of confiscation the cosmetic in regard to the regulation (if any).
Article 44: The priority order in
checking and supervising the post sale-promotion
The check and the inspection of the cosmetic post
sale-promotion need to get together at the import, delivery, manufacturing
organizations. The priority in checking and supervising the cosmetic
post-promotion is dependent on the product’s kind, origin source, label,
company’s brand name, formula Ingredients according to the ASEAN’s instruction
on checking and supervising the post sale-promotion (Appendix No 08-MP).
Article 45: Suspending the cosmetic
circulation and confiscation
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a. The cosmetic which is put into the market has not yet
been issued with a cosmetic proclamation receipt No by the Government’s
Authority Office;
b. The cosmetic which is unqualified or unsafe for the
consumer;
c. The delivered cosmetic gets the formula which is written
not exact as the proclaimed one in the file.
d. The cosmetic which contains the prohibited substance, or
the concentration, the content exceeds the permissible level;
dd. The circulation of cosmetic which gets a inappropriate
usage label compared to the proclamation file or is unsatisfying the regulation
in writing on the label of this Circular; dependent on the level of violation,
the product can be suspended of circulation and confiscated;
e. The circulation of cosmetic is produced at a factory
which is unsatisfying the regulation, “cosmetic good manufacturing practice”
standard of the Asian Southeast Association Nations (CGMP-ASEAN) or the ASEAN
Cosmetic Association equivalent admits; dependent on the level of violation,
the product can be suspended of deliver and confiscated.
f. The expired or over-expired cosmetic in accordance with
the producer’s warning;
g. The false, illicitness-imported, unclear-sourced, origin,
and imperfection-packaged product;
h. The cosmetic is voluntarily confiscated in written by
organization or individual who is responsible for putting it on the market.
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a. The Medicine Management Department – the Ministry of
Health gives out a decision to confiscate the cosmetic from the whole country.
b. The Provincial or Central Cities Health Service, the
Management Board of the Moc Bai Entry Economical Area (Tay Ninh Province) or
the Management Board of the Economical Area, in Quang Tri Province implement
the Medicine Management department – the Ministry of Health’s announcement of
confiscating the law-breaking cosmetic in accordance with the law regulation in
the region and report to the Medicine Management department.
Article 46: Confiscating the
cosmetic product proclamation receipt number
1. The cosmetic product proclamation receipt number is
confiscated in one of the following situations:
a. The circulated cosmetic gets two unqualified lots which
are concluded by the Government’s Cosmetic Quality Management Office;
b. The circulated cosmetic gets the formula which is not
exact as the proclaimed one in the file;
c. The circulated cosmetic gets the label in which the
origin and the source are written erroneously;
d. The circulated cosmetic gets the label in which the
cosmetic existing properties are written erroneously;
e. The cosmetic unsafe for the consumer;
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g. The cosmetic which is concluded of breaking the
intellectual ownership right or falsifying another delivery-permissible
product’s label.
h. The product which is prohibited in the current country;
i. The organizations or the individuals who put the cosmetic
to the market gives out a request document of confiscating the cosmetic product
proclamation receipt No;
j. No Product Information File (PIF) for presenting to the
Authority Office in accordance with the Article 12 of this Circular;
k. Forging the document, using fake seal or forging the
signature, the seal of the Authority Office of Vietnam or foreign country, of
the manufacturer or the product owner;
l. Dishonest declaring about contents referred in the
cosmetic proclamation receipt.
2. The authority of giving out a decision to confiscate the
cosmetic product receipt number:
a. The Medicine Management department – the Ministry of
Health make decision to confiscate the domestics-manufactured product
proclamation receipt Number issued by the Medicine Management department before
April 25, 2009, for the imported products in the whole country.
b. The Provincial and Central Cities Service of Health make
decision to confiscate the local manufactured product proclamation receipt
number issued by their organization.
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Article 47: Suspension situations of
receiving the cosmetic product proclamation file, the cosmetic advertising
registration file, the seminar organization file, the cosmetic introduction
event
1. The Government’s Management Office shall suspend
considering and receiving the cosmetic product proclamation file in 06 months
in regarding to the organizations or the individuals which has one of the
following behaviors:
a. Trading on the illicitly imported cosmetic, the false
cosmetic, the unclear-sourced origin cosmetic;
b. Trading on the cosmetic which is not yet issued the
cosmetic product proclamation receipt No by state management authorities;
c. Disobeying the implementation of confiscating the
law-breaking cosmetic in accordance with the state authority office’s
announcement;
d. Producing or business cosmetic at a factory which is
unsatisfying the regulation, “cosmetic good manufacturing practice” standard of
the Asian Southeast Association Nations (CGMP-ASEAN) or the ASEAN Cosmetic
Association equivalent admits;
e. Producing or business cosmetic which contains the
prohibited substance, or the concentration and the content exceeds the
permissible level;
f. Using the cosmetic manufacturing materials which have
been declared not to putting on the market by the manufacturing country;
g. Importing and trading on the cosmetic or the cosmetic
product materials which have been declared not to deliver in the market by the
manufacturing country;
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i. Forging the document, using fake seal or forging the
signature, the seal of the Authority Office of Vietnam or foreign country, of
the manufacturer or the product owner;
k. Dishonestly confessing about contents referred in the
cosmetic proclamation receipt;
l. Owning no Product Information File (PIF) for saving at
the enterprise in according to the regulation.
2. The Government’s Management Office shall suspend considering
and receiving the registration file of cosmetic advertisement, seminar, and
cosmetic introduction event, in 06 months in regarding to the organizations or
the individuals who has one of the following behaviors:
a. Advertising the cosmetic, holding the cosmetic seminar,
and the cosmetic introducing when have not issued the cosmetic advertising
registration file receipt, the cosmetic seminar-holding registration file
receipt, the cosmetic introducing event registration file receipt by the state
competent office according to the law regulations;
b. Advertising, holding the seminar, and introducing the
event of the cosmetic which is not issued with the cosmetic product
proclamation receipt Number;
c. Advertising the cosmetic which is possible to make the consumer
misunderstand that the cosmetic is a tablet; advertising the cosmetic which is
used of the title, the symbol, the image, the letter of the Healthcare
organization or the Pharmacy organization of Health officers; advertising
the cosmetic on property and efficiency which are not enough for the scientific
base.
3. The state competent office shall consider suspending
receiving the cosmetic advertising registration file, the cosmetic
seminar-holding registration file, the cosmetic introducing event registration
file from the organizations or the individuals who do not submit the annual
trading manufacturing activity results report in regard to provisions.
When the suspension time period for considering and
collecting the file comes to an end, after the organization has already
overcome all law-breakings and submitted report, the state competent office
shall continue to consider and collecting the cosmetic advertising registration
file, the cosmetic seminar-holding registration file, the cosmetic introducing
event registration file of the organization.
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THE OBLIGATION OF THE
ORGANIZATION, THE INDIVIDUAL WHO MANUFACTURE, TRADE, AND IMPORT THE COSMETIC
AND THE CONSUMER’S RIGHT
Article 48: The obligation of the
organization, the individual who manufacture, trade, and import the cosmetic in
order to put on the Vietnam market
1. The organization, the individual, who are responsible for
putting cosmetic on the market, must be responsible for all contents declared
in the cosmetic product proclamation report, for the safety, the efficiency,
and the quality of the product; as well as guarantee that the circulated
products satisfy all requirements of the ASEAN Cosmetic Treaty and the attached
Appendix .
2. The organizations, the individuals who put the cosmetic
on the market must be responsible to follow, to discover, and to confiscate
immediately the unqualified cosmetic, as well as implement the confiscation
announcement from the state authority office and inform to the state authority
office about the confiscation; punctually deal with the consumer’s complaints
of the cosmetic’s quality and compensate for consumer’s loss in accordance with
the regulation; refund to the buyer the produced cost in the maintenance,
transportation, and circulation process.
3. In case finding side-effects which are serious and able
to damage the consumer’s life because of the cosmetic product’s quality, the
organizations, the individuals who put the cosmetic on the market must report
to the Medicine Management department – the Health Ministry within 07 days
since the day or receiving the first feedback from this side-effect in
accordance with the version at Appendix No 18-MP. The announcement in detail on
this serious side-effect must be sent back to the Medicine Management department
– the Health Ministry within next 08 days.
4. The organizations, the individuals who put the cosmetic
on the market must save the Product Information File (PIF) in at least 03 years
since the latest manufacture lot is put on the market and presented to the
checking and inspecting Functional Office when is requested.
5. The organizations which manufacture the cosmetic must
deploy to apply and satisfy principles, the “cosmetic good manufacturing
practice” standard of the Asian Southeast Association Nations (CGMP-ASEAN)
6. The organizations, the individuals who business on the
cosmetic must conduct requirements of state competent offices about checking
and inspecting the cosmetic quality, confiscating the violation cosmetics, and
be entitle to complain about the conclusion and the law-breaking judgment form
in accordance with the law regulation on the complaint and the denouncement.
7. The organizations, the individuals who put the cosmetic
on the market must obey the Vietnamese Regulation and Law on the intellectual
ownership. When having the conclusion of the state competent offices on the
intellectual-ownership law-breaking label and industrial-style, The
organizations, the individuals must stop manufacturing, trading, and importing
in order to conduct of changing the label and the industrial style as provided,
and be responsible for refunding and resolving all damages (if any).
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The consumer has right to be informed about the cosmetic, to
complain, to sue, and to ask the cosmetic-trading organization to refund damage
in regard to the law regulation incase of consuming the circulated cosmetic
which is unqualified and unsafe.
Chapter XI
THE IMPLEMENTING
ORGANIZATION
Article 50: The information and the
report
1. The Medicine Management department – the Ministry of
Health is responsible to update and deploy regulations related to the ASEAN
Cosmetic Treaty in the electronic information page of the Medicine Management
department (website address: www.dav.gov.vn). Frequently popularize the changes
on the technical criterion which have been decided by the ASEAN Cosmetic
Association for relative organizations and cosmetic-trading organizations, as
well as collaborate to carry out those changes and decisions in Vietnam. All
decisions of managing the cosmetic which are accepted by the ASEAN Cosmetic
Association are applied in Vietnam.
2. The Medicine Management department, the Provincial and
Center Cities department of Health, the Management Board of Moc Bai Entry
Economical Area (Tay Ninh Province), and the Management Board of Quang Tri
Province Economical Area, in accordance with the authority, are obligated to up
cosmetic violation handling results in the electronic information page of the
office in order to serve checking, inspecting, and supervising of after-sale.
3. Periodically annually on June 30 and December 31, the
Provincial and Central Cities department of Health, the Management Board of Moc
Bai Entry Economical Area (Tay Ninh Province), and the Management Board of
Quang Tri Province Economical Area send the report of quality management
situation and the cosmetic after-checking work in the local region, report of
issuance of the cosmetic product receipt (Appendix 15-MP) and report of
issuance of the registration file receipt of cosmetic advertising, cosmetic
seminar-holding, and cosmetic introducing event (Appendix No 16-MP) to the
Medicine Management department - the Ministry of Health.
4. Periodically annually on January 30, the organization,
the individuals who are responsible for putting the cosmetic on the
market must send their previous year business activity result report to the
Medicine Management department – the Ministry of Health and the department of
Health (Appendix 17-MP).
Article 51: The forms and the appendixes
attached with the Circular
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2. The document guides on proclaiming the cosmetic product:
Appendix No 02-MP.
3. The ASEAN’s instruction on proclaiming the cosmetic
product’s property: Appendix No 03-MP.
4. The abbreviation treaty of the central province name,
city name and some Management Board of Economical Areas: Appendix 04-MP.
5. The changes after proclaiming the cosmetic product:
Appendix No 05-MP.
6. ASEAN’s regulation on the heavy metal limit and the
micro-organism in the cosmetic product: Appendix No 06-MP.
7. The product information file: Appendix No 07-MP.
8. The document guide of ASEAN on checking the cosmetic
post-promotion: Appendix No 08-MP.
9. The cosmetic sampling minute form: Appendix No 09-MP.
10. The registration dossier receipt form of cosmetic
advertising, seminar organization, cosmetic event: Appendix 10-MP.
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12. The Certificate of Free Sale (CFS) form: Appendix No
12-MP.
13. The “cosmetic good manufacturing practice” examination
registration receipt form: Appendix No 13-MP.
14. The import order form for studying and testing: Appendix
No 14-MP.
15. The report form of the list of cosmetics which have been
issued the cosmetic product proclamation receipt Number: Appendix No 15-MP.
16. The report form of the list of cosmetics which have been
issued the registration dossier receipt of cosmetic advertising, seminar
organization, cosmetic event: Appendix No 16-MP.
17. The cosmetic business manufacturing activity result
report form: Appendix No 17-MP.
18. The cosmetic disadvantageous side-effects announcement
form: Appendix No 18-MP.
Article 52: The transfer regulation:
1. Since the effective day of this Circular, all
organizations, individuals who put the cosmetic product on the Vietnam market
must implement the cosmetic product proclamation in regard to the regulation of
this Circular.
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3. Cosmetic products which put on the market without
satisfying the cosmetic product safety requirement in accordance with the
regulation in Chapter IV of this Circular; organizations, individuals who are
responsible for putting the cosmetic on the market must confiscate all products
and implement fully provisions in this Circular.
4. For the cosmetic products, which were putted on the
market in the valid period of the permission, if they satisfy the product safety
requirement in regard to the regulations in Chapter IV of this Circular shall
be still putted on the market until the expiry date of products.
Article 53: The implementation
effect
1. This Circular takes effect from April 1, 2011.
2. Canceling the December 31, 2007 Decision No
48/2007/QD-BYT of the Minister of Health on adoption the Cosmetic Management
Regulation, the December 26, 2008 Decision No 40/2008/QD-BYT of the Minister of
Health on devolving the state management on the Vietnam domestic cosmetic, the
July 2, 2008 Decision No 22/2008/QD-BYT from the Health Ministry on authorizing
the Management Board of Moc Bai Entry Economical Area, Tay Ninh Province to
implement the cosmetic management function; the September 21, 2010 Decision No
3450/QD-BYT of the Health Ministry on authorizing the Management Board of Quang
Tri Province Economical Area to implement the cosmetic management function.
3. The Heads of units under the Ministry of Health; the
units directly under the Ministry of Health ; director of Provincial and
Central Cities department of Health, and related organizations or
individuals are obligated to fulfill implement this Circular.
4. During the implementation deploying process; if there are
any difficulties or problems, the organizations, individuals may send report to
the Ministry of Health (Medicine Management Department, 138A Giang Vo, Ba Dinh,
Ha Noi) for consideration and solution./.
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Phụ lục số 05-MP
(Annex
No. 05-MP)
THAY ĐỔI SAU KHI CÔNG BỐ
SẢN PHẨM MỸ PHẨM
(CHANGES AFTER NOTIFYING COSMETIC PRODUCTS)
Tùy thuộc vào nội dung
thay đổi, quy định như sau:
(Depend on content of
change, stipulating as follows:)
Nội dung thay đổi
(Content of change)
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(Notification of product)
Thay đổi nhãn hàng
(Change of trademark)
Công bố mới
(New notification)
Thay đổi tên sản phẩm
(Change of product
name)
Công bố mới
(New notification)
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(Change of company
responsible for putting product in market)
Công bố mới
(New notification)
Thay đổi dạng sản phẩm
(Change of product
type)
Công bố mới
(New notification)
Thay đổi mục đích sử dụng
(Change of use purpose)
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(New notification)
Thay đổi công thức
(Change of formula)
Công bố mới
(New notification)
Thay đổi nhà sản xuất hoặc
đóng gói (tên và/hoặc địa chỉ)
(Change of manufacturer or assembler
(name and/or address)
Công bố mới
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Thay đổi dạng trình bày
của sản phẩm
(Change of product
presentation)
Bổ sung
(Supplementation)
Tên và/hoặc địa chỉ của
công ty chịu trách nhiệm đưa sản phẩm ra thị trường nhưng không thay đổi số
Giấy chứng nhận đăng ký kinh doanh hoặc Giấy chứng nhận đầu tư.
(Name and/or address of
company responsible for putting product in market but provided that number of
Certificate of business registration or Invertment Certificate is not
changed)
Bổ sung
(Supplementation)
Tên và/ hoặc địa chỉ của
công ty nhập khẩu
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Bổ sung
(Supplementation)
Thay đổi người đại diện
cho công ty
(Change of the company
representative)
Bổ sung
(Supplementation)
Thay đổi kích cỡ bao gói,
chất liệu bao bì, nhãn sản phẩm
(Change of size of
container and/ or packing, container and/ or packing material and product
label)
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(Supplementation, but
it is not required to apply in case where the necessary information is not
mentioned in the Template for notification)
ATTACHED
FILE