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Vietnam Amends Circular 06/2011/TT-BYT Providing Cosmetic Management

The proposed Circular focus on the electronic cosmetic notification and decentralization of administrative procedures for cosmetic management. The draft Circular is expected to take effect on July 1, 2025.

On February 10, 2025, the Drug Administration of Vietnam (DAV) released a draft Circular Amending and Supplementing Several Articles and Appendixes of Circular 06/2011/TT-BYT. The proposed amendments focus on:

  • Electronic Cosmetic Notification: Updating the administrative procedure for electronic submission of cosmetic notifications to align with practical needs.

  • Decentralization of Administrative Procedures: Delegating the administrative procedure for confirming import orders for cosmetics used for research and testing from the Ministry of Health to local Departments of Health where the headquarters of organization importing such cosmetics are located.

To ensure the draft Circular’s compliance with the legal document development process, the DAV invites relevant units to review and provide feedback by March 1, 2025. The revised Circular is expected to take effect on July 1, 2025. The detailed amendments are listed below.

Amendments

Circular 06/2011/TT-BYT

Circular Amending and Supplementing Several Articles and Appendixes

Article 4

The cosmetic notification dossier includes the following documents

The cosmetic notification dossier, whether submitted online, directly, or through public postal services, includes the following documents

Clause 1, Article 4

Cosmetic Product Notification Form (two copies) and its electronic version

  • For online submission via the National Public Service Portal or the Ministry/Provincial Public Service Portal, one copy of the notification form is required.

  • For direct or public postal submission, two copies of the notification form are required.

Clause 1, Article 5

The Cosmetic Product Notification Form shall be completed according to the template provided in Appendix 01-MP. The notification report shall be signed by the legal representative and bear the official seal of the organization or individual responsible for bringing the product to market.

The guidelines for completing the contents of the notification form are provided in Appendix 02-MP.

  • For online submission via the National Public Service Portal or the Ministry/Provincial Public Service Portal, the notification form must be digitally signed by the legal representative and bear the seal of the organization or individual responsible for bringing the product to market. The use of digital signatures shall comply with the provisions of Decree No. 130/2018/ND-CP Detailed Regulations on the Implementation of the Law on Electronic Transactions Regarding Digital Signatures and Digital Signature Certification Services

  • For direct submission or postal submission, the notification form must be signed by the legal representative and bear the seal of the organization or individual responsible for bringing the product to market.

Clause 2, Article 5

The organization or individual declaring the product shall bear responsibility for the consistency of contents in the notification dossier (signed and sealed) with the data and information declared or submitted to the regulatory authority.

The organization or individual declaring the product shall bear the responsibility for the accuracy, legality, and truthfulness of all documents in the cosmetic notification dossier, as well as the consistency of contents in the notification dossier (signed and sealed) with the data and information declared or submitted to the regulatory authority.

Clause 1, Article 7

The cosmetic notification dossier shall be prepared in one set and submitted directly or via public postal services to the competent state management authority as follows

The cosmetic notification dossier shall be prepared in one set, which can be submitted online via the National Public Service Portal or the Ministry/Provincial Public Service Portal, or submitted directly or via public postal services to the competent state management authority as follows

a, Clause 2, Article 35

Organizations or individuals importing cosmetics for research or testing shall submit an Import Order for Cosmetics Used for Research and Testing (as per Appendix 14-MP) to the Drug Administration of Vietnam - Ministry of Health. The maximum quantity allowable for each product is 10 samples.

Appendix 14-MP shall be prepared in three copies. Upon approval, two copies will be kept at the DAV, and one copy will be returned to the organization. The copy sent to the organization shall bear the stamp “Copy for Enterprise” and shall be presented to the Customs authority when processing customs procedures.

Imported cosmetics for research or testing shall be used for the intended purpose and are not allowed to be circulated onto the market.

Organizations or individuals importing cosmetics for research or testing shall submit Appendix 14-MP to the Department of Health where the organization’s headquarters is located. The maximum allowable quantity for each product is 10 samples, based on the smallest commercial packaging unit. A product can be imported once per year.

  • For online submission via the Provincial Public Service Portal, one copy of Appendix 14-MP is required.

  • For direct submission or submission via public postal services, Appendix 14-MP shall be prepared in three copies. After approval, two copies will be kept at the Department of Health, and one copy will be returned to the organization. The copy sent to the organization shall bear the stamp “Copy for Enterprise” and shall be presented to the Customs authority when processing customs procedures.

Revisions to Appendix 14-MP

The draft Circular also introduces several revisions to Appendix 14-MP, the Import Order for Cosmetics Used for Research and Testing. Key changes include:

  • Recipient: The Appendix 14-MP is addressed to the DAV, while the amended Appendix is directed to the Provincial/Municipal Departments of Health, reflecting the decentralization of administrative procedures.

  • Table Content: The amended Appendix provides additional details of product category and main use.

  • Additional Notes: The current Appendix 14-MP does not mention specific restrictions on the use of imported cosmetics for research and testing, whereas the amended version specifies that these cosmetics shall be used for their intended purposes and cannot be marketed. Additionally, the import order for cosmetics used for research and testing is valid for one-time only.

The Revised Appendix 14-MP

The Revised Appendix 14-MP

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