Cosmetics are one of the products that consumers choose to use for beauty. According to the law, cosmetics must be published to be provided to the market. Minh Khue Law Firm will guide conditions, procedures and processes for obtaining a license to publish cosmetic products:
The demand of society is increasing, especially the demand for beauty, nowadays not only women are interested in cosmetics, but many men are also interested in this popular category of product. Not only because cosmetics have many effects and uses, but each type of cosmetics will have a different use, even, some cosmetics also have similar uses, so consumers must always consider when using cosmetics. Besides, competent state agencies always supervise and closely manage the activities of units, individuals and organizations operating in the cosmetic field to protect the best interests for consumers.
1. Definition of cosmetics ?
Although people often talk about cosmetic products, not all people know exactly how cosmetics are defined. Accordingly, readers and customers can understand the concept of cosmetics as follows:
Cosmetics are considered a product or substances used for the purpose of makeup, enhance the attractiveness, change the appearance, scent of the human body or clean, clean the dirt on the human body. Cosmetics derived from a mixture of chemicals or of natural origin or synthetic substances available in nature, the use of cosmetics does not affect the function or structure of the human body. In some cases, the use of cosmetics will help people become more beautiful and perfect.
2. The level of sanction when not publishing cosmetics?
In fact, many individuals, businesses and organizations go on producing and trading cosmetics including domestic cosmetics and cosmetics imported to Vietnam without permission. Partly because they think the number of products is small, so they do not take into account the product announcement, the rest does not know when putting cosmetics in the market, it is necessary to register cosmetics at competent state agencies.
Therefore, in many cases, only when they are penalized by competent by state agencies (market management agencies, presidents of People's Committees at all levels and some other competent agencies in each case), they know the cosmetics must be published before putting cosmetics into circulation on the market according to regulations. Pursuant to Decree 176/2013/ND-CP stipulating penalties for administrative violations in the health sector:
- Acts of not publishing cosmetic products before putting such cosmetics into circulation on the market will be fined from 20.000.000 VND to 30.000.000 VND;
- Acts of organizing events, organizing seminars to introduce cosmetics but have not been granted a number to receive cosmetic publication cards shall be fined from 10.000.000 VND to 20.000.000 VND;
- Conducting cosmetic business without publishing cosmetic in case the total value of the offending cosmetics is under 20.000.000 VND based on the selling price of cosmetics, shall be fined from 5.000.000 VND to 10.000.000 VND;
- The act of trading in cosmetics which has not published cosmetic, in case the total value of the offending cosmetic is 20.000.000 VND or more is calculated according to the selling price of cosmetics, shall be fined from 5.000.000 VND and 10.000.000 VND.
In addition to the main penalty, the violating individual or organization is also subject to the application of consequence-overcoming measures to force the destruction of all violated cosmetics.
Therefore, customers should apply for a license to publish cosmetics before trading, producing and bring the products into the market so as not to be sanctioned and also protect their legitimate rights.
3. The state agency competent to issue cosmetic publication license
Under current Vietnamese law, individuals and organizations wishing to publish cosmetics can submit 01 set of documents directly or via post to send the dossier to one of the following competent state agencies:
- The Drug Administration Department of Vietnam - Ministry of Health grants cosmetic publication license for imported cosmetics and for some special cases of laws, such as bringing cosmetics from the commercial and industrial zone to the domestic market. location, ...;
- Departments of Health grant licenses to publish cosmetics for home-made cosmetics;
- Economic zone management board of each economic zone shall issue a license to publish cosmetics for cosmetic products in the Industrial and Commercial Zone of that Economic Zone.
4. How do I apply for a license to publish cosmetics?
One of the most important and indispensable tasks in the process of applying for a cosmetic publication is the period of preparing a dossier to apply for a cosmetic publication. Many individuals and organizations still encounter cases where the application is rejected, returned to the applicant or requested to amend or supplement the file due to lack of information, not enough and not exactly according to prescribed provisions. Minh Khue Law Firm with many years of experience in the field of applying for a license to publish cosmetics, we would like to advise and guide clients to apply for a license to publish cosmetics including the following documents and papers:
4.1. Application for a license to publish cosmetics in domestic
- 02 copies of cosmetics publication form attached with cosmetic publication data (soft copy of cosmetic publication form);
- The original or certified copy of the Authorization letter of the manufacturer / cosmetic owner authorizing the organization or individual responsible for bringing the product to the market and distributing cosmetics in Vietnam (applicable with organizations and individuals responsible for bringing cosmetics to market, not manufacturer);
- Power of attorney or letter of introduction of organizations and individuals to cosmetic publication service providers (if any).
4.2. Application for a license to publish imported cosmetics
- 02 copies of cosmetics announcement form attached with cosmetic publication data (soft copy of cosmetic publication form);
- The original or certified copy of the signature of The power of attorney that is legalized by the consulate, except for cases of exemption from consular legalization in accordance with the international treaties to which Vietnam is a member country;
- Certificate of Free Sale (abbreviated as CFS) meets the following conditions:
+ The original or a valid certified copy of the CFS issued by the host country. Where a certificate of free circulation does not specify a time limit, it must be a free circulation certificate issued within 24 months from the date of issue;
+ CFS must be consular legalized in accordance with regulations, except for cases of exemption from consular legalization under international treaties to which Vietnam is a member country.
- Power of attorney or letter of introduction of the organization or individual to the person / service provider of cosmetic publication (if any).
5. Procedures and procedures for obtaining a license to publish cosmetics
Step 1: Prepare and complete the application file for cosmetic publication
Step 2: Select and apply for a license to publish cosmetics at a competent state agency as prescribed
Step 3: Track and receive successful registration results of cosmetic publication
In this case, if the dossier does not meet the prescribed conditions, it may be necessary to amend and supplement the dossier in accordance with the provisions of law and the requirements of the dossier reception experts.
In case the application file is complete, the competent state authority will issue a receipt number for a cosmetic product publication to the entity registering to apply for cosmetic announcement as prescribed.
Step 4: Sale and trade cosmetics on the market.
6. Time to apply for a license to publish cosmetics
The time for obtaining a cosmetic publication license is specified in each of the following stages:
- Document preparation period: Time for drafting and completing valid documents depends on who prepares and completes the profile. For some units that specialize in providing cosmetic publication licenses, the time for document preparation only takes about 03 days, and for individuals and organizations that do not regularly or have never made cosmetic announcement, longer processing time may be 7 days to 10 days because it is necessary to understand the law, study the most accurate and sufficient information and not be returned bridge modification.
- Filing stage: If the entity applying for a license to announce cosmetics is submitted directly to a competent state agency, the time will take a few hours or a day. If filing by post, it can last from 03 days to 05 days depending on the shipping method of the post office that the customer chooses.
- The period of waiting for the results, after submitting the registration dossier:
+ In case the application file is valid and the payment of cosmetic publication fee has been completed, the processing time to receive the receipt number is 03 working days from the date of receipt of the valid application file and fee for cosmetic publication as prescribed;
+ In case the dossier does not meet the conditions, it must be amended and supplemented, the time may be extended to 13 to 15 working days.
7. How much does it cost to publish cosmetics? Where to pay this fee?
Many individuals and organizations, when preparing to submit cosmetic publication, have sent the request via email: firstname.lastname@example.org
or directly contact Minh Khue Law Firm via hotline 0986.386.648
to answer questions about How does the cosmetic publication fee cost? Which fee to publish cosmetics? Can I authorize another person to submit it instead? ...
We would like to answer for you as follows: The fee for cosmetic announcement and fee is 500.000 VND / 01 cosmetic. Therefore, this fee is high or low depending on the number of cosmetics to be published at a competent state agency. The agency competent to collect cosmetics charges and fees is the agency that receives the dossier, namely: the Drug Administration of Vietnam - the Ministry of Health; Provincial Department of Health or Department of Health under the central government.
In addition, if clients use the service of applying for a cosmetic publication of companies, businesses providing services, it will take additional service fees, this service cost is provided by each unit ( Vietnamese law does not have regulations on maximum price or minimum price for this service), clients can choose a reputable unit to provide their services with reasonable service costs for themselves.
8. Service of applying for cosmetic publication of Minh Khue Law
In the process of implementing the process of applying for a cosmetic publication, when clients use Minh Khue Law Firm's cosmetic registration service, we will perform the following tasks:
- Consult the sanctioning level, the sanctioning forms, the agency competent to sanction for acts of not publishing cosmetics according to regulations;
- Advising on the provisions of the law on conditions for obtaining a license for cosmetic publication;
- Advise you on all legal issues related to applying for a cosmetic publication license in accordance with the law;
- Advising and guiding clients to prepare dossiers of application for cosmetic publication licenses as prescribed;
- Advise clients on how to proceed with filing, paying fees and charges, instructing customers to select competent state agencies to issue cosmetic publication numbers to customers;
- Advise and guide clients to receive results and conduct market circulation as prescribed.
Providing services to apply for a cosmetic publication license after the client signs a service contract:
- Directly drafting a dossier of application for a cosmetic publication license for cosmetics customers intend to announce;
- Submit on behalf of clients and pay fees and fees for issuing cosmetic publication at competent state agencies;
- Follow up the application file for cosmetic publication, adjust, modify and supplement the dossier at the request of the specialist;
- Drafting official letters, or making complaints and denunciations about the wrongdoing of competent state agencies in the process of applying for cosmetic publication;
- Representatives of clients come to receive results and send official results to customers as agreed in service contracts;
- Consulting and answering all problems for clients related to the issuance of cosmetic publication licenses.
- Liquidation of contracts with clients.
Please contact us immediately for advice and detailed quotation!
Sincerely thank you./.
Enterprise Department - Minh Khue Law Company