Circular 06 2011 Tt-byt

[Octavis Marquez]

Tocarry out the Combination Convention in the cosmetic management which has been signed by countries are member of the Association of Southeast Asian Nations on September 2, 2003 (commonly called ASEAN Cosmetic Convention),

2. This circular is applied for the cosmetic state management agencies, organizations, individuals conduct operations related to the cosmetic product declaration, the information, the advertising, the export, the import, the production, the trade of cosmetic products in Vietnam.

2. Cosmetic name is the title which is given to a cosmetic product; it can be a new one named by itself together with brand or name of the producer. Letters which composes the product name must be Latin letters.

3. Organizations, individuals who are responsible for putting products on market are organizations, individuals have name written in the cosmetic product announcement dossier and be responsible for cosmetics product in the market.

4. The receipt number of Cosmetic product proclamation is a number issued by the competent state management agency, when receiving the cosmetic product announcement dossier. The announcement receipt number is useful in order to prove cosmetic product have been declared by organizations, individuals who are responsible for circulation products in market, just about cosmetic shall be circulated in market, are not value to certify that such product have been guaranteed of the safety, the effectiveness, and meeting all requirements of the ASEAN Cosmetic Association and the Annexes attached.

6. Product stability is the stable capacity of product when preserved in the appropriate condition still remains its initial quality; especially, still guarantees requirements of products safe.

8. Cosmetic label is writing, print, drawing, photocopy of words, drawings, pictures which are pasted, printed, enclosed, casted, engraved, carved directly on goods, trade packing of goods, or other materials affixed with goods, trade packing of goods.

9. Label writing is showing basic, necessary content of cosmetic in label for customer to acknowledge, to rely on to choice, and use exactly, for producers to advertise goods and to base for functional agencies in inspection and supervisory.

12. Trade packing of cosmetic is the packing contains cosmetic inside and traffic together with the cosmetic. The trade packing of cosmetic has two kinds: the direct packing and the outside packing.

13. Cosmetic circulation is the display operation, transportation, and saving of goods in the goods selling or buying process, except case of transportation import goods of organizations, individuals from border gate to storehouse.

14. The number of lot of produced cosmetic is a signal in number or letter, or combination of number and letter in order to realize the lot of products and allow inquiring whole of source of a lot of product including of all steps of the manufacture process, quality inspection, and delivery lot of that product.

18. Cosmetic goods origin is the country or territory area where products all of cosmetic or where implements the end basic processing step regarding to cosmetic in case of many countries or territory areas involved in the cosmetic manufacturing processing.

19. Certificate of free sale (CFS) is a certify issued by an authority agency in the export country for the export domestics trader stated in CFS to confirms that the cosmetic is freely produced and sold in the export country.

20. Usage Introduction is necessary information to guide the cosmetic user be safe and suitable. The usage introduction may be printed on the direct packing or in an attached document with the trade packing of cosmetic in which have instructions for usage and other information as regulated.

24. Advertisement publisher is organizations, individuals transmit the cosmetic advertising product to consumers, includes the newspaper; telecommunication; television agencies; publishers; internet network management organizations; exhibition, fair, culture or sport program organizer; and organizations, individuals applying other advertising ways.

1. Organizations or individuals which are responsible of putting the cosmetic product on the market just permitted selling cosmetic when be issued the number of cosmetic product proclamation receiving by the authority agencies as well as responsible for safety, effectiveness, and quality of product. The authority agencies shall carry out after-sales inspection when the product has been being sold in the market.

3. Original or notarized copy of letter of attorney from the producers or the owners of products authorized for organizations, individuals are responsible of putting products on the market in Vietnam (applied to the import or domestic cosmetic of which organizations or individuals are responsible of putting products on the market, be not the manufacturer). For the import product, the letter of attorney must be a copy notarized sign and consul legalized as provisions of law, except for being exempted of the consul legalization in regard to international treaties in which Vietnam is a member. The letter of attorney must satisfy requirements regulated at the Article 6 of this Circular.

a. CFS which is issued by the current territory must have been original or legally notarized and still in the day of validity. In case CFS is not provided of the expiry day, it must be a certificate which has just been issued within 24 months.

2. The proclamation data (the soft version of the proclamation report): Organizations, individuals can submit the proclamation data according to clause 1, article 4 of this Circular by one of two following ways:

a. Direct declaration: Organizations or individuals, who signed on the cosmetic product proclamation, must send the text to the Medicine Management department under the Ministry of Health to be issued an entry account to access the cosmetic management database, and fill in forms in the database directly. The proclamation report which is submitted to the competent state management agency must be printed out from that database.

The organization or the individual, whose name is on the cosmetic proclamation, must completely be responsible for the propriety of content of the cosmetics product proclamation report (signed and sealed version) compare with the proclamation data (soft version) declared or submitted to the Management Office.

b. Regarding to the cosmetic produced by domestic organizations, individuals: organizations or individuals who are responsible for putting product on market apply the cosmetic product proclamation dossier at the Department of Health in which have production factory. The cosmetic products which are produced, packed from the import semi finished products shall be considered domestic produced products.

c. Regarding to the cosmetic trading in the scope of industrial trading area of Moc Bai border gate economic area in Tay Ninh province implement of the proclamation at the Moc Bai border gate Economical Area Management Board; the cosmetic trading in the scope of Lao Bao special economic -trade area in Quang Tri province implement of the proclamation at the Economic Area Management Board of Quang Tri province.

a. Within 03 working days since receiving the regular proclamation dossier and proclamation fee as provided competent state management agencies are obligated to issue the number of receiving the cosmetic product proclamation report.

b. In case the proclamation dossier which still does not satisfy provisions of this Circular, within 05 working days since receiving dossier, the dossier receiving agency must announce in writing for organizations or individuals of contents, which having not satisfied yet, to fix, amend dossier (figuring out unsatisfied contents in details).

Within 05 working days since receiving the supplementing dossier satisfying the regulations in this circular, competent state management agencies are obligated to issue the receipt number of the product proclamation report.

c. Within 03 months since the announcement document is issued as provided at point b of this clause; if competent state management agency still does not receive any supplementing dossier from organizations or individuals whose name 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.

The receipt number of cosmetic product proclamation report shall be valid for 05 years since issuing day. After 05-year-expiry, if organizations or individuals want to continue selling product in the market, they must make a proclamation again before the expiry of the receipt number of cosmetic product proclamation report and pay a regulated cost fee.

6. Maintenance substances listed in Appendix VI (Annex VI), part 1, with the concentration, the content exceeds the permissible limit or condition, except these which are used in special purposes unrelated to the maintenance substances effect.

3. Maintenance substances listed in Appendix 2, part 2, in the permissible limit and condition, until the day which is mention in (f) column from this Appendix. However, some Ingredients in this amount can be applied to other contents in specific purposes and presented fully in the product display form.

1. The cosmetic label must be glue on the commodity, package of commercial article on a location which is easy be seen of full regulated contents without disconnecting details or parts of the commodity.

c. The full formula ingredients: must write clearly ingredients according to the international nomenclature regulated for latest printed forms mentioned at point c, clause 1, Article 5 of this Circular (unnecessary to write the percent rate of ingredients);

e. The name and the address of organizations or individuals who are responsible for putting products on market (written fully in Vietnamese according to the business registration certificate or the investment permission certificate);

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