[Newsletter | January, 2022] – Procedures for Product Declaration/Sample Import of Cosmetics

Many customers in Vietnam have long been familiar with high-quality cosmetics from the USA like Sephora skincare products or MAC lipsticks. Yet only few know about how these products physically reach the Vietnam market and become so domestically popular. Many potential suppliers wanting to enter this market are also struggling to figure out the procedures of importing these products. In this newsletter, Noble Network will elaborate on this topic with a view to providing our readers with helpful information.

 

What exactly is Cosmetics?

According to Circular No. 06/2011/TT-BYT of Vietnam’s Ministry of Health, a cosmetic product is a substance or a preparation that is applied to the outside parts of human body (skin, hair system, fingernails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with the 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.

Any product created for the usage and purposes mentioned above, not just beauty and makeup products, are considered cosmetics.

Cosmetics product proclamation rules and procedures

Cosmetic proclamation dossier:

The cosmetic proclamation dossier includes the following documents:

– Cosmetic product proclamation report (02 versions) with the proclamation data. The template can be found at https://www.vietnamtradeportal.gov.vn/kcfinder/upload/files/Form%2001-MP%20Phieu%20cong%20bo%20sp%20my%20pham.pdf.

– Copy of the business registration certificate of organizations, individuals who are responsible for circulating products into the market (with the enterprise’s signature and seal). In case when the cosmetic products are domestically produced but the organizations or individuals responsible for putting products on the market are not manufacturers, a copy of the business registration certificate of the producers is required (must be legally notarized).

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– Original or notarized copy of the Power of Attorney from the producers or the owners of products that authorizes the organizations or individuals to be responsible for putting products on the market in Vietnam (applied when organizations or individuals responsible for putting products on the market are not the manufacturers). For imported products, the Power of Attorney must contain a notarized signature and be consul legalized according to the law.

– Certificate of free sale (CFS) is only applied for an import cosmetic product proclamation which satisfies some special requirements.

Procedure of receiving and solving proclamation dossier:

– Regarding cosmetics, organizations or individuals who are responsible for bringing products into the market must submit the cosmetic product proclamation dossier to the Medicine Management Bureau – the Ministry of Health.

– Within 03 working days of receiving a proper proclamation dossier and proclamation fee, the Medicine Management Bureau – the Ministry of Health is obligated to issue the “receipt number” of receiving the cosmetic product proclamation report.

In case the proclamation dossier does not satisfy requirements, within 05 working days of receiving the dossier, the agency must announce in writing to the submitting organizations or individuals to submit an amended dossier.

– Within 03 months of issuing an announcement document for an amended dossier, if the agency still does not receive any supplementing dossier from organizations or individuals whose names 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.

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Cosmetic products import procedures

– Cosmetic products that have been issued the valid cosmetic product proclamation receipt number by the Medicine Management department – Vietnam’s Health Ministry are permitted to be imported to Vietnam. The import procedure is implemented at the Customs agency. When implementing the import procedure, the enterprise presents to the Customs agency the cosmetic product proclamation report which issued the receipt number by the Medicine Management department – the Health Ministry.

– Organizations or individuals who import cosmetics 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. The maximum number of samples allowed for import for each product is 10.

The cosmetic import bill used for studying and experimenting is made into 03 copies. After approval, 02 versions are saved at the Medicine Management department, 01 version is sent back to the organization. The version sent back to the organization shall be sealed in order to be presented to the customs agency for a customs clearance procedure.

The cosmetic products which are imported for studying, experiments have to be used for the right purpose and not permitted to be put on the market.

– Organizations or individuals who receive cosmetics as gifts must implement the import procedure at the customs agency as regulated. The overall value of each gift receiving time is not to exceed the cargo limit exempted from the imposed tax in the current regulations.

The import cosmetic items imported as gifts shall not be permitted to be put on the market.

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– Organizations or individuals who import cosmetics for displaying at fairs, galleries, and other temporary import for re-export situations must implement the procedure of temporary import for re-export at the Ministry of Industry and Trade in accordance with the current regulations.

Noble Network is always willing to support Vietnamese and US businesses interested in importing cosmetic products to Vietnam. Please do not hesitate to contact us for support and information!

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