Cosmetic product proclamation is compulsory when business entities want to bring cosmetic products to the market.
According to the provisions of current law, business entities are only allowed to put cosmetics into circulation when they have been granted a receipt number of Cosmetic product proclamation by authorized agencies and must be fully responsible for the safety, effectiveness, and quality of the product.
However, for domestic and imported cosmetics, it should be noted that there are separate procedures with different requirements for these cosmetics.
In addition, after being circulated on the market, the authorized state agency will conduct an after-sale inspection for cosmetic products, including verifying cosmetic production conditions at domestic manufacturing facilities; the implementation of labeling of cosmetic products circulating in the market; the implementation of the Cosmetic Advertising Information Regulations; the Product Information Profile (PIF), and sampling cosmetics to review the quality.
The procedure for the proclamation of imported cosmetic products
According to the provision of Article 7 of Circular 06/2011/TT-BYT, the procedure for the proclamation of imported cosmetic products is performed as follows:
Step 1: Submit the application
Organizations and individuals responsible for bringing products to market shall submit the application for the proclamation of imported cosmetic products as follows:
-
Number of applications: 01 set.
-
Authorized agency: Drug Administration - Ministry of Health.
-
Method of submission: Submit in person or send by post.
Step 2: Settlement of applications
-
In case of valid proclamation application:
-
In case the application is invalid: Within 05 working days from the date of receiving the application, the receiving agency shall notify in writing to the proclaiming organization or individual of the unsatisfactory contents to amend and supplement the application (specify the unsatisfactory contents).
Step 3: Receive the result
The result is the receipt number of the Cosmetic product proclamation.
Penalties for not proclaiming cosmetic products
According to Article 68 Decree 117/2020/ND-CP, the act of not proclaiming cosmetic products will be penalized as follows:
-
A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for marketing a cosmetic product which is not issued by a competent authority with a notification number or whose notification number has expired.
-
Cosmetics business shall be suspended for a fixed period of 03 – 06 months.
-
Remedial measures for not proclaiming cosmetic products.
When not proclaiming cosmetic products, the responsible individuals or organizations must recall and destroy the violated products.
Legal basis
-
Decree 155/2018/ND-CP dated November 12, 2018, amending and supplementing regulations related to business investment conditions under the scope of the management of the Ministry of Health.
-
Decree 69/2018/ND-CP dated May 15, 2018, detailing articles of the Law on Foreign Trade Management.
-
Circular 06/2011/TT-BYT dated January 25, 2011 regulating the management of cosmetic products.
-
Circular 29/2020/TT-BYT dated December 31, 2020, amending, supplementing, and abolishing legal documents issued and jointly promulgated by the Minister of Health.
-
Decree 117/2020/ND-CP prescribing penalties for administrative violations in the medical sector.
Provide consultation on Cosmetic Product Proclamation that Siglaw provides:
“Client satisfaction is Siglaw's measure of success. With us, every client is a brand ambassador!”
Therefore, Siglaw takes care of each client in the most thoughtful way, when using Siglaw's Service on Cosmetic Product Proclamation, clients will receive full support as follows:
-
Provide consultation and answer clients on the provisions of current laws related to the cosmetic product proclamation.
-
Provide consultation to clients to prepare necessary documents and other related legal papers.
-
Provide consultation to clients to prepare all necessary documents and documents to make the cosmetic product proclamation.
-
Monitor documents, amend and supplement records if necessary.
-
Provide consultation on related information after the cosmetic product proclamation has been made.
Service quality standards:
At Siglaw, with the slogan "Confidential - Responsible - Professional - Prestigious", we establish "Standards for providing services to clients" and all Siglaw's lawyers and experts always perform at the highest level:
1. High professional quality: Our legal services are always counseled and performed by lawyers and experts with deep professional knowledge and experience to ensure the consulting solutions are always accurate, comply with the law and bring high value to clients.
2. Confidentiality: Ensuring the security of client information is, in any case, always one of our top priorities.
3. Punctuality: We guarantee to meet the requirements of the work deadlines. Accordingly, the work progress will always be closely followed and promptly informed to clients.
4. Quick response: Any exchange, contact or client request will be responded to quickly, promptly or within 24 hours at the latest.
5. Integrity: We always maintain integrity in all cases, comply with regulations on professional ethics in all cases.
6. Professionalism: We bring professionalism in the deep legal knowledge of our team of Lawyers and Experts in any profession or field; professionalism in multilingual communication when clients always feel easy to exchange work with us in many different languages (Vietnamese, English, Chinese, Korean); professionalism in attitude and working style with clients.
7. Enthusiasm and friendliness: We are always ready to support our clients to the best of our ability and in any case. We ensure that our clients always feel comfortable and at ease with friendly communication with any Lawyer.
8. Simple and Convenient: We always strive to find ways to provide our services in a way that makes our clients feel as comfortable and convenient as possible.
9. Value added: In the process of providing services, we always try our best to provide consulting options/suggestions to help clients compare and choose the best and complete solution.
Link rss
