Procedure for issuing the receipt number of the declaration form for imported cosmetic products

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Procedure for issuing the receipt number of the declaration form for imported cosmetic products
Posted on: 22/12/2023

    1. Overview of the procedure

    No.

    Category

    Content

    1

    Implementing agency

    Drug Administration of Vietnam - Ministry of Health

    2

    Method of implementation

    Submit the dossier online through the Vietnam National Single Window (at:https://vnsw.gov.vn/).

    3

    Dossier components

    01 set of documents included[1]:

    1. Cosmetic Product Declaration Form[2] (02 copies) attached with the declaration data (soft copy of the Declaration Form);
    2. Original or duly certified copy of Power of Attorney from the manufacturer or product owner authorizing the organization or individual responsible for the placing on the market of the product to distribute cosmetic products in Vietnam;
    3. Original or duly certified copy of the Certificate of Free Sale (CFS).

    4

    Fees

    500,000 VND/item

    5

    Result

    Receipt number of the Cosmetic Product Declaration Form

     

    2. Some notes on dossier components

    Note 1:

    Power of attorney

    Certified copy of signature.

    Be consular legalized according to the provisions of the law, except for cases where consular legalization is exempted under international treaties to which Vietnam is a party.

    Presentation languages ​​are Vietnamese, English or bilingual in Vietnamese and English.

    Must include all of the following information:

    • Name and address of the manufacturer; In case the authorizing party is the product owner, it is necessary to clearly state the name and address of the product owner and the name and address of the manufacturer;
    • Name and address of the authorized organization or individual;
    • Scope of authorization (declares and distributes cosmetic products in Vietnam);
    • Authorized trademark or product name;
    • Duration of the authorization;
    • Commitment of the manufacturer or product owner to fully provide the Product Information File (PIF) to the organization or individual responsible for the placing the product on the market in Vietnam;
    • Name, title, and signature of the person representing the authorizing party.

    Note 2:

    CFS exemption cases

    Cosmetic products manufactured in a member country of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership whose participation in this Agreement has been approved and entered into force by the competent authority of that country (hereinafter referred to as CPTPP member country).

    Cosmetic products circulated and exported from CPTPP member countries: Enterprises responsible for placing products on the market must submit documents proving that the products are being placed on the market in CPTPP member countries, issued by the competent authorities of the country concerned (Certificate of Sale of Cosmetic Product or a cosmetic product declaration form with a receipt number or other legal document certifying that the product is being placed on the market in the CPTPP member country). These documents must be consular legalized in accordance with the provisions of the law, except for legal documents that fall:

    • Exempt from consular legalization under international treaties to which  Vietnam is a party under the principle of reciprocity between Vietnam and the issuing country;
    • Upon written or e-mail confirmation sent to the Drug Administration of Vietnam by a foreign diplomatic agency or a competent state administrative agency for cosmetics or an agency issuing the Cosmetic Product Declaration Form of a CPTPP member country;
    • Enterprises who responsible for placing products on the market send the self-search results of legal documents from the digital information page (English website) of the legal document issuing agency of the CPTPP member country. The results of legal documents must have the confirmation stamp of the enterprise and be accompanied by a document providing information on the search link to the Drug Administration of Vietnam. Companies must be responsible under the law for the legality and accuracy of these documents and information and the results of their own searches.

    Cosmetic products that have been issued a receipt number for the cosmetic product declaration in a country belonging to the Association of Southeast Asian Nations (ASEAN): Companies responsible for placing the product on the market must submit the Cosmetic Product Declaration Form that has been issued a receipt number in an ASEAN country will be consularly legalized according to the provisions of the law, unless the Cosmetic Product Declaration Form falls under one of the following cases:

    • Exempt from consular legalization under international treaties to which Vietnam is a party or under the principle of reciprocity between Vietnam and the issuing country;
    • Confirmation in writing or e-mail sent to the Drug Administration of Vietnam by a foreign diplomatic agency or a competent cosmetics state management agency or an agency issuing a cosmetic product declaration form of an ASEAN member country;
    • Enterprises responsible for placing products on the market shall send the self-search results of the cosmetic product declaration form from the English website of the competent management agency of the ASEAN member country that issues the receipt number for the declaration form. The results must have the confirmation stamp of the enterprise, accompanied by a document providing information on the search link to the Drug Administration of Vietnam. Companies must be responsible under the law for the legality and accuracy of these documents and information and the results of their own searches.

    Note 3:

    CFS requirements must be met

    Issued by a competent authority of the country of manufacture or the country exporting cosmetics to Vietnam while still valid (original or certified copy). If the CFS does not specify the deadline, it must be issued within 24 months from the date of issuance.

    Must be consular legalized according to the provisions of the law, unless the CFS meets one of the following provisions:

    • Exempt from consular legalization under international treaties to which Vietnam is a party or under the principle of reciprocity between Vietnam and the issuing country;
    • There is a document or e-mail from by the competent authority issuing the CFS or a foreign diplomatic agency to the Drug Administration of Vietnam confirming the information on the CFS.

    Must have at least the information specified in Article 36 of the Law on Foreign Trade Management and Clause 3, Article 10 of Decree No. 69/2018/ND-CP dated May 15, 2018 of Government detailing a number of articles of the Law of Foreign Trade Management.

     

    3. Requirements and conditions for implementation

    Requirements and conditions for implementation

    Organizations and individuals responsible for placing products on the market must have the function of trading cosmetics in Vietnam.

    The declaration of cosmetic product features (purpose of use of the product) must comply with the ASEAN Guidelines on Declaration of Cosmetic Product Features.

     

    4. The order of execution[3]

    5. Result:

    Template for The declaration form for imported cosmetic products


    [1] Article 4 of Circular 06/2011/TT-BYT dated January 25, 2011 regulating cosmetic management (“Circular 06/2011/TT-BYT”).

    [2] Please refer to the Declaration Form for Cosmetic Product in Appendix No. 01-MP at https://thuvienphapluat.vn/van-ban/Thuong-mai/Thong-tu-06-2011-TT-BYT-quan-ly-my-pham-118432.aspx

    [3] Article 7 of the Circular 06/2011/TT-BYT.