CONDITIONS FOR COSMETIC PRODUCTION

CONDITIONS FOR COSMETIC PRODUCTION

The cosmetics market is on a high growth trend due to the increasingly diverse needs of users for beauty products, especially in Vietnam with a young population making up the majority and always catching up quickly with all beauty trends in the world. With the potential development of the cosmetics manufacturing market, many businesses and companies are interested in investing to produce cosmetics to meet consumer needs. However, cosmetics production is not a free business sector, businesses that want to invest in this field are required to meet a number of requirements and conditions as prescribed by law because this is a conditional business line. So what are the conditions for cosmetic production? Lincon Law Firm will answer the above questions here.

1. Requirement on personnel:

The person in charge of the facility’s production must have specialized knowledge in one of the following majors: Chemistry, biology, pharmacy or other related majors that meet the requirements of the job. This can be demonstrated through a university degree in chemistry, biology, pharmacy fields, certificates documenting the research and invention of chemical cosmetics, and experience in being in charge of cosmetic production.

2. Requirement on facilities:

a. To have a location, area, factory, and equipment that meets the requirements for production lines and types of cosmetic products that the facility plans to produce as stated in the application for Qualification Certificate of cosmetic production. The production facility can be a factory. If the production scale is small, it is able to rent and manufacture there. The ground’s area depends on the scale of production. Equipment depends on the cosmetics intended to be produced. There must be appropriate machinery and equipment for production.

Note that the law does not prohibit opening production facilities in residential areas (but prohibits opening production facilities in residential apartment buildings) but must meet the following conditions to:

– Have a specific location (with house numbers, alleys, and corners);

– Obey noise standards according to Circular 39/2010/TT-BTNMT (maximum allowable noise limit);

– Meet discharge conditions according to the Environmental Protection Law if cosmetic production involves biological chemical waste;

– Meet conditions on Fire Prevention and Fighting

– Some areas will have their own regulations on occupations that cannot be produced in that area.

b. Warehouses for storing raw materials, packaging materials and finished products must ensure separation between them. There must be a separate area for storing flammable and explosive substances, highly toxic substances, rejected, recalled and returned raw materials and products.

c. Have a quality management system that meets the following requirements:

– Raw materials, auxiliary materials, and semi-finished products used in cosmetic production must meet the manufacturer’s quality standards. Water used in cosmetic production must at least meet national technical standards on drinking water set by the Ministry issued by the Minister of Health;

– There is a production process for each products;

– There is a quality inspection department to check the quality of raw materials, semi-finished products, products awaiting packaging and finished products.

3. Necessary legal procedures for certificate of cosmestic production application:

Clients could refer to the Procedures for applying for a certificate of cosmestic production at the following link:

Legal basis:

  • Decree 155/2018/ND-CP amending regulations related to business investment conditions under the state management of the Ministry of Health promulgated on November 12, 2018;
  • Circular 06/2011/TT-BYT Regulations on cosmetic management promulgated on January 25, 2011;
  • Decree 93/2016/ND-CP Regulations on cosmetic production conditions promulgated on July 1, 2016.

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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