To meet the needs of consumers, cosmetic manufacturers have launched many different types of products. However, the problem of counterfeit products is spreading in the market, making consumers unable to determine the quality of cosmetics. To overcome the foregoing situation, the State has prescribed that cosmetics must be issued with the Cosmetic product announcement report before being put on the market.
1. Form of Cosmetic product announcement report
The Cosmetic product announcement report is made in accordance with the form in the Circular No.06/2011/TT-BYT. The announcement report must be signed by the representative under laws and with the seal of the organizations or individuals who are responsible for sale products in the market at the positions of report’s paper margins. The manner to write contents in the Cosmetic product announcement report shall followed the instruction in the Circular No.06/2011/TT-BYT.
The language in the announcement report may be in Vietnamese or English. Contents which are mentioned in section 3 (the usage purpose), section 7 (the information of organization, individual who are responsible for putting products on the market), section 8 (information of enterprise’s representative under the law), section 9 (information of import company) in the announcement report must be written in Vietnamese or in Vietnamese and English.
2. Every cosmetic product is announced in an announcement report
Cosmetic product which completely produced in every different enterprises shall be announced separately. In case there are more than one company, taking part in the manufacturing process in order to product a complete product, may joint make an announcement report and clear state each companies’ name and full address.
Products have the same owners in one of the following situations is permitted to announce in an announcement report:
– Products are packed with a joint name and sold out in form of a product set.
– Products have same name, same product line with similar formulas but different in color or smell. For products of hair dye, perfume, must be separate proclaimed with each color, each smell.
– Other kinds will be decided by the department of Medicine management – the Ministry of Health based on the ASEAN Cosmetic Association’s decision.
3. The manner to write component of formula which are composed in the cosmetic product:
Components in the product formula must be efficiently listed in descending order of content. Components of perfume, aroma causing substances and their materials can be written in word “flavoring” (perfume, fragrance, flavor, and aroma). Components with less than 1% content can be listed in whatever order after components with more than 1%. Color causing substances can be listed in whatever order after other components in accordance with the color index (CI) or by names mentioned in the Appendix 4 (Annex IV) of the ASEAN Cosmetic Treaty. The cosmetic products for making up under different colors, the producer can list all color causing substances in “containable” section or “+/-”.
Having full percentages of components provided of limit of concentration and content according to the Appendix (Annexes) of the ASEAN Cosmetic Treaty. Between the unit position and decimal position shall be marked with a comma (”,”).
Ingredient’s name must be written in the International law name Nomenclature of Cosmetic Ingredients – INCI is regulated in the latest publications: The International Cosmetic Ingredient Dictionary, the British Pharmacopoeia, the United States Pharmacopoeia, the Chemical Abstract Services, the Japanese Standard Cosmetic Ingredient, and the Japanese Cosmetic Ingredients Codex. Plant title and the fluid is extracted from plant must be written in the scientific title which involves the limb and species (the limb title can be shortened). Ingredients from the animal need accurately writing in the scientific name of that animal.
The following substances are not subject to be considered as the cosmetic Ingredient:
– Impurities in materials used;
– Auxiliary materials used for the technology purpose but absent from the end-product;
– Exerted materials used with a necessary mount such as solvent or the bearer of scent-causing ingredients.
Legal basis:
- Circular No: 06/2011/TT-BYT of January 25, 2011 providing cosmetic management.
𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐇𝐨̛̣𝐩 𝐭𝐚́𝐜 𝐯𝐮̛̃𝐧𝐠 𝐛𝐞̂̀𝐧
- Tại Hà Nội: Tầng 4, Tòa nhà Sudico, đường Mễ Trì, phường Mỹ Đình 1, quận Nam Từ Liêm, Hà Nội
- Tại TP.HCM: 272 Đỗ Pháp Thuận, phường An Phú, TP. Thủ Đức, TP. Hồ Chí Minh
- Website: http://linconlaw.vn/
- Email: Lawyer@linconlaw.vn
- Facebook: https://www.facebook.com/Linconlawfirmm
- Linkedln: linkedin.com/in/lincon-law-firm-100b96201
- Hotline: +84.987.733.358
