On December 13, 2023, the Vietnam Ministry of Health (MoH) announced the proposed development of a new Decree on cosmetics management. 1 It has already submitted relevant documents to the Government, requesting consideration, comments, and approval for the proposal.
1. Revision Reasons and Objectives
The reasons for formulating the new Decree are:
1. Limitations of the Current Regulation: Currently Vietnam primarily relies on Circular 06/2011/TT-BYT Providing Cosmetic Management and Decree 93/2016/ND-CP Conditions for Manufacture of Cosmetic Products to regulate cosmetics. However, these documents have several shortcomings that impede the regulatory agencies’ management and the enterprises’ production and operation.
2. Legislation Updates: Several legal foundations in Vietnam, such as the Investment Law and the Decree on Goods Labels, have undergone revisions in recent years. Consequently, it is imperative to update cosmetics regulations to align with the current legal framework.
By developing and implementing the new Decree, MoH aims to:
Eliminate obstacles related to policy and legal issues, and address practical problems arising from the emergence of new product types and business formats in the Vietnamese cosmetics market;
Simplify the administrative procedures for cosmetics management;
Improve the quality and quantity of Vietnam domestically produced cosmetics, and enhance the safety of cosmetics available in the Vietnamese market.
2. Content of the New Decree
The new Decree is expected to include 15 chapters and 63 Articles, specifically as follows:
Chapter I | General provisions |
Chapter II | Responsibilities of organizations and individuals responsible for the marketing, production, importation, and trade of cosmetics as well as consumer rights |
Chapter III | Classification of cosmetic products and declaration of cosmetic features |
Chapter IV | Notification |
Chapter V | Product safety and ingredient use requirements |
Chapter VI | Product information files (PIF) |
Chapter VII | Advertising and labeling |
Chapter VIII | Production |
Chapter IX | Import and export |
Chapter X | E-commerce activities |
Chapter XI | Sampling inspection |
Chapter XII | State management of cosmetics |
Chapter XIII | Post-market inspection, testing and monitoring |
Chapter XIV | Information and reporting regime |
Chapter XV | Implementation effect |
3. Revision Direction of the New Decree
The proposed revisions in the new Decree primarily target three key areas: cosmetic notification, post-market surveillance, and quality enhancement for Vietnam domestically produced cosmetics. These revisions encompass changes to the required notification documents, notification validity period, notification processing time, labeling information, the abolition of advertising registration, and other regulations closely relevant to enterprises.
The table below outlines the proposed direction for revision. However, the specific changes should be subject to the officially announced Decree.
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