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 conditions and complete procedures according to the provisions of the law because this is a conditional business. So what are the documents and procedures for cosmetic production?
1. Documents for implementing procedures:
Pursuant to Article 7 of Decree 93/2016/ND-CP and Article 12 of Decree 155/2018/ND-CP, the application file for a Certificate of eligibility for cosmetic manufacturing includes:
– An application for a Certificate according to the form, accompanied by a written explanation of eligibility to produce cosmetics, clearly stating:
+ Conditions on personnel capacity: it is necessary to pay attention to the personnel profile of the person in charge of cosmetic production, accordingly the capacity profile must include degrees, certificates, achievements, and experience in charge of cosmetic production;
+ Product quality management: clearly state the product manufacturing process, quality inspection process of raw materials, semi-finished products, products awaiting packaging and finished products;
+ The type of cosmetics intended to be produced determines the size of production area and equipment;
+ Design production facilities to meet legal standards.
2. Procedure:
– Step 01: Before proceeding with production, the cosmetic manufacturing facility submits an application for a Certificate of eligibility for cosmetic production to the Department of Health.
– Step 02: Within 30 days from the date of receiving valid documents and appraisal fees according to regulations, the Department of Health is responsible for inspecting the production facility and issuing a Certificate of eligibility for cosmetic manufacturing. In case of not issuing a Certificate or requesting the facility to change or remedy, it must notify in writing and clearly state the reason for carrying out the procedure.
3. Authority to receive and process dossiers announcing imported cosmetics
The Department of Health issues Certificates of eligibility for cosmetic production to cosmetic manufacturing establishments in the area.
4. Result
Certificate of cosmetic production.
5. Sanctions for violations
– Fine from 30,000,000 VND to 40,000,000 VND depending on each violation;
– Additional penalties:
+ Suspend cosmetic production activities depending on each case of violation according to the provisions of law;
+ Suspension of the right to use the certificate of eligibility for cosmetic production for a period of 01 month to 06 months depending on each violation.
– Remedial measures: recall the violating elements or force the product to be destroyed.
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;
- Decree 117/2020/ND-CP regulating penalties for administrative violations in the health sector promulgated on September 28, 2020.
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