“Hello, lawyer. I plan to open a cosmetics business and want to import some cosmetics abroad in small quantities for sale. However, I do not know the regulations on importing cosmetic products for business. What are the current regulations? What are the latest regulations on imported cosmetics? Looking forward to your lawyer’s response to answer questions. I sincerely thank you!”
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Legal grounds
Enterprise Law 2020.
Regulations on imported cosmetics
Conditions for business registration of imported cosmetics include having a legal business registration license and cosmetics that are legally imported into Vietnam. Specifically:
– Subjects are registered to trade in imported cosmetics
All individuals and organizations not specified in Article 13 of the Enterprise Law are allowed to establish companies operating in the field of imported cosmetics.
- Register the establishment of a business before conducting business activities. Cosmetics is not a conditional business field, so the company needs to carry out business registration procedures before conducting business.
The company name must not overlap or cause confusion with other enterprises in accordance with the Law on Enterprises.
Business license with industry code 4649 with detailed content: Wholesale of cosmetics and industry code 4772 with content: Retail of cosmetics.
The company’s address is not located in an apartment building, a group house; or a prescribed location that cannot be used as the company’s headquarters, for example: Houses built on agricultural land, project land that has not been converted for purposes, etc.
Directors and legal representatives are not subject to business registration restrictions or business registration bans. For example: The person who worked as a director of a business ran away,…
In case the warehouse is not concurrently the head office of the company, the company must add the warehouse location to the business license after completing the procedures for establishing the company.
- Business cosmetics are legally imported and eligible for circulation in Vietnam.
The company must make the cosmetic announcement at the Drug Administration of Vietnam – Ministry of Health before importing cosmetics.
The company must meet the legal requirements for management and backup of the cosmetic product quality and publication records at the company.
The cosmetic trademark must not be confused with the trademark that has been protected exclusively in Vietnam.
Circulating cosmetics must be properly labeled as announced by the Ministry of Health and must not be extracted or changed.
Procedures for importing cosmetics into Vietnam
According to the provisions of Articles 3 and 35 of Circular 06/2011/TT-BYT on cosmetic management, in order to import cosmetics for circulation on the Vietnamese market, it is necessary to carry out cosmetic declaration procedures.
Step 1: Prepare documents
For imported cosmetic products, the following documents need to be prepared:
Cosmetic product announcement form (02 copies) enclosed with published data (soft copy);
Power of attorney of the manufacturer or the product owner authorizing the subject responsible for bringing the product to the market to distribute cosmetics in Vietnam (the copy is authenticated with a signature and consular legalized according to regulations). provisions of law)
Certificate of Free Sale CFS
Step 2: Submit your application
After the cosmetic product announcement dossier is complete as required, the enterprise submits the cosmetic product announcement dossier at the Drug Administration of Vietnam – Ministry of Health.
For cosmetic products traded within the commercial and industrial zone of Moc Bai border-gate economic zone, Tay Ninh province, announced at the Management Board of Moc Bai border-gate economic zone; Cosmetics business within Lao Bao Special Economic – Commercial Zone, Quang Tri province made the announcement at the Economic Zone Management Board of Quang Tri province.
Step 3: Return the result
Within 03 working days from the date of receiving the valid publication dossier and completing the financial obligations as prescribed, the results will be received.
In case the published dossier does not meet the requirements of the cosmetic announcement law, within 05 working days from the date of receipt of the dossier, the receiving agency shall notify in writing the organization or individual. The publisher knows the unsatisfactory contents to adjust accordingly.
What are the penalties for violations of regulations on imported cosmetics?
A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts: a) Incorrectly declaring the contents of the cosmetic product announcement sheet; b) Change the published content and have been granted the receipt number of the cosmetic product announcement card but have not been approved in writing by the competent authority in accordance with the law.
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for putting cosmetic products into circulation without a receipt number from a competent state agency. announced cosmetic products expired.
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for forging documents, using fake seals or forging signatures and seals of Vietnamese or foreign authorities, manufacturers or owners. product ownership in cosmetic product disclosure records.
Additional penalties
Suspend cosmetic product trading activities for a period of from 3 to 6 months for the acts specified in Clauses 2 and 3 above.
Remedial measures
a) Forcible recall and destruction of infringing cosmetic products for the acts specified in Clauses 2 and 3 above.
b) Propose the competent state agency to revoke the receipt number of the cosmetic product announcement slip for the acts specified at Point a, Clause 1 and Clause 3 above.
Some notes on the declaration of imported cosmetics
– Regarding the language shown is Vietnamese, English or bilingual Vietnamese and English;
- Regarding the content, it must contain the following information: Name and address of the manufacturer; Name and address of the authorized organization or individual; authorized scope, authorized brand or product name; authorization period; commitment of the manufacturer or the product owner to provide complete product information and records; name, title and signature of the representative of the authorizing party;
- For the power of attorney of imported cosmetics must be consular legalized, except for cases exempted from legalization under international treaties to which Vietnam is a member.
– Certificate of Free Sale (CFS for short): Only applicable to the case of declaration of imported cosmetics, must meet the requirements on time limit and consular legalization.
Related article:
- What did documents include in the declaration of imported cosmetics in Vietnam?
- Import and export tax by the law of Vietnam
- Procedures for announcing imported cosmetic products in Vietnam
Frequently asked questions
The current preferential import tax rate of cosmetics ranges from 10% to 27%. In case cosmetics are imported from countries with free trade agreements with Vietnam, they may enjoy special preferential import tax.
When an enterprise manufactures and trades in cosmetic products or imports cosmetics from abroad, procedures for cosmetic announcement must be carried out before the products are circulated.
The receipt number of the cosmetic product announcement slip is valid for 5 years from the date of issue. At the end of the 5-year period, organizations and individuals who want to continue to put cosmetic products on the market must re-announce them before the receipt number of the cosmetic product announcement slip expires and must pay a fee according to the regulations. regulations.
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