Hi Lawyer, I have just opened a small company specializing in importing and selling cosmetics. My company’s first cosmetic shipment is about to arrive. However, I heard that if you want to put it on the market for sale, you still have to go through the procedures for declaring imported cosmetics. I do not know this area. So I hope a lawyer can help me. What is the declaration of imported cosmetics? What is the procedure for announcing imported cosmetic products in 2022? I would like to thank the Lawyer.
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Legal grounds
Circular 06/2011/TT-BYT
Circular 29/2020/TT-BYT
What is the declaration of imported cosmetics?
Announcement of imported cosmetics means that an organization or individual importing cosmetics carries out procedures at a competent State management agency to be granted a receipt number for the cosmetic product proclamation slip and must be completely responsible for the safety, effectiveness, and quality of the product.
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 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.
Conditions for declaring imported cosmetics
To make a successful announcement, enterprises need to understand the necessary conditions. Whether you are an individual or an organization, you are required to have the following information:
– Must have a business code, producing cosmetics; Certificate of eligibility for cosmetic production (for domestically produced products)
– Must commit that cosmetic ingredients do not contain banned substances, and the content of restricted substances does not exceed the allowable limit;
– If you have announced products before, you must carry out the procedure of reporting cosmetic production and business activities to the Department and the Ministry of Health annually.
Procedures for announcing imported cosmetic products in 2022
Step 1: Prepare the cosmetic declaration dossier:
Under Article 4 of Circular 06/2011/TT-BYT, amending and supplementing Circular 29/2020/TT-BYT:
The cosmetic product announcement dossier includes:
Announcement sheet of cosmetic products (02 copies) together with announced data (soft copy of Announcement slip).
The original or a duly authenticated copy of the power of attorney of the manufacturer or the product owner authorizing the organization or individual responsible for bringing the product to the market to distribute cosmetic products in Vietnam. (applicable to imported cosmetics and domestically produced cosmetics where the organization or individual responsible for bringing the product to the market is not the manufacturer). For imported products, the Power of Attorney must be a certified copy of the signature and consular legalized according to the provisions of law, except for cases exempted from consular legalization under international treaties to which Vietnam is a member. The power of attorney must meet the requirements specified in Article 6 of Circular 06/2011/TT-BYT.
Certificate of Free Sale (CFS) unless exempt.
Step 2: Submit a cosmetic declaration
The cosmetic product announcement dossier that made into a set, and the organization or individual responsible for bringing the product to market shall submit it directly or by post to the following competent state management agencies:
– For imported cosmetics: submit at the Drug Administration of Vietnam – Ministry of Health.
– For domestically produced cosmetics: submit to the Department of Health where the manufacturing plant is located. Cosmetic products manufactured and packaged from imported semi-finished products considered domestically produced.
– For cosmetics trading within the commercial and industrial zone of the Moc Bai border-gate economic zone, Tay Ninh province; the announcement shall make at the Management Board of the Moc Bai border-gate economic zone; Cosmetics business within Lao Bao Special Economic – Commercial Zone, Quang Tri province announced the Economic Zone Management Board of Quang Tri province.
Step 3: Settlement of cosmetic declaration documents
Within 03 working days from the date of receiving the valid publication dossier and the prescribed publication fee; the competent state management agency is responsible for issuing the receipt number of the cosmetic product announcement slip.
If the published dossier does not meet the requirements of this Circular, within 05 working days from the date of receipt of the dossier, the dossier receiving agency shall notify in writing the publishing organization or individual. know the unsatisfactory contents to amend and supplement the dossier (specify the unsatisfactory contents).
Step 4: Implementation results
Imported cosmetic products allowed to circulate and use legally.
Is it fine to not declare imported cosmetics?
The cosmetic announcement is a mandatory procedure that subjects must perform. Failure to do so will result in a fine according to Article 48 of Decree 176/2013/ND-CP. This regulation applies not only to the person responsible for putting the product on the market but also to other relevant entities. Specifically:
– A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if one of the following acts is committed:
a. Declare dishonestly the committed contents in the cosmetic announcement sheet.
b. Do not announce cosmetics before putting cosmetics on the market by the provisions of law for manufacturers and importers.
– A fine ranging from VND 10,000,000 to VND 20,000,000 shall impose for organizing seminars or events to introduce cosmetics without granting a receipt number by a competent state agency.
In addition to being fined as above; organizations and individuals that violate regulations on cosmetic announcements must also take the following remedial measures:
+ Being forced to destroy cosmetic products when violating the above regulations.
+ The receipt number of the cosmetic proclamation slip may revoke by the state agency in case the receiving number that granted; but dishonestly declares the published records, papers, and information.
Please see more:
- Tax incentives for agricultural production enterprises in Vietnam
- Newly established businesses declare tax monthly or quarterly in Vietnam?
- Import and export tax by the law of Vietnam
Frequently asked questions
Before embarking on the stage of cosmetic publication service, this is an extremely important preparation step that businesses must pay attention to. If you want to announce it, of course, the business that the business registers must be related to the purchase, sale, production, or import and export of cosmetic products.
For imported cosmetics, enterprises need to obtain a certificate of free circulation of products and attach the manufacturer’s authorization for distribution in Vietnam.
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.
According to current regulations, enterprises can look up cosmetic announcements such as: check whether the status of the application has been approved or not? Or individual consumers want to see if the published results exist or not through the National Single Window at the website: https://vnsw.gov.vn/
Thus, consumers can completely check whether the company’s products have been announced or not and whether the quality is guaranteed or not through the online form.
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