What is effect time of the receipt number of cosmetic product proclamation report in Vietnam?

What is effect time of the receipt number of cosmetic product proclamation report in Vietnam?

In Article 10, Circular 06/2011/TT-BYT regulates the effect time of the receipt number of cosmetic product proclamation report, accordingly:

The receipt number of cosmetic product proclamation report shall be valid for 05 years since issuing day. After 05-year-expiry, if organizations or individuals want to continue selling product in the market, they must make a proclamation again before the expiry of the receipt number of cosmetic product proclamation report and pay a regulated cost fee.

According to this Article, if you have just been issued a cosmetic product announcement receipt number, the effect time of the receipt number of cosmetic product proclamation report in Vietnam is 5 years from the date of issue.

What is effect time of the receipt number of cosmetic product proclamation report in Vietnam? (Image from the Internet)

How much is fine for marketing a cosmetic product after notification number has been expired in Vietnam?

Pursuant to Article 68 of Decree 117/2020/ND-CP supplemented by Point b, Clause 19, Article 2 of Decree 124/2021/ND-CP stipulating violations against regulations on cosmetic product notification, specifically as follows:

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to accurately complete items on the notification of cosmetic product;

b) Failing to obtain a written approval from a competent authority as prescribed by law when changing the contents which have been notified and issued with a number of acknowledgment of the notification of cosmetic product (hereinafter referred to as “notification number”).

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for placing a cosmetic product on the market before obtaining an acknowledgment of notification of that cosmetic product (i.e. notification number) from a competent authority or placing a cosmetic product on the market after its notification number has been expired without following procedures for re-notification as prescribed by law.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for forging documents, using a counterfeit seal, or forging signature/seal of a competent authority of Vietnam, foreign competent authority, manufacturer or owner of the cosmetic product in the application for notification of cosmetic product.

4. Additional penalty:

Cosmetics business shall be suspended for a fixed period of 03 – 06 months in case of commission of the violation in Clause 2 or 3 of this Article.

5. Remedial measures:

a) Cosmetic products involving in the violation in Clause 2 or 3 of this Article shall be recalled and destroyed;

b) Enforced revocation of notification number in case of commission of the violation in Point a Clause 1 or Clause 3 of this Article.

6. In case 02 or more cosmetic products are found during an inspection to involve one of the violations specified in Clauses 1, 2, 3, 4 of this Article, only penalties for that violation shall be imposed while taking the number of violating cosmetic products into account as aggravating factors.

Pursuant to Article 4 of Decree 117/2020/ND-CP amended by Clause 4, Article 2 of Decree 124/2021/ND-CP  regulating fines for individuals and organizations:

1. The maximum fine imposed for a violation against regulations on population is VND 30.000.000 if committed by an individual or VND 60.000.000 if committed by an organization.

2. The maximum fine imposed for a violation against regulations on preventive medicine and HIV/AIDS prevention and control is VND 50.000.000 if committed by an individual or VND 100.000.000 if committed by an organization.

3. The maximum fine imposed for a violation against regulations on health insurance is VND 75.000.000 if committed by an individual or VND 150.000.000 if committed by an organization.

4. The maximum fine imposed for a violation against regulations on medical examination and treatment, pharmacy, cosmetics or medical devices is VND 100.000.000 if committed by an individual or VND 200.000.000 if committed by an organization.

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

6. Fines imposed by the competent officials specified in Chapter III hereof are incurred by individuals. An official having the power to impose fines shall have the right to impose a fine twice as much as that imposed upon an individual upon an organization for committing the same administrative violation.

Thus, when an individual puts cosmetics into circulation after the notification number expires but has not re-announced them, they will be fined from 20,000,000 to 30,000,000 VND and suspended business activities of cosmetic products within a period of 03 to 06 months, in case 02 or more cosmetic products are found to be in violation during the same inspection, a penalty shall be imposed and apply aggravating circumstances in Vietnam. For organizations, the fine ranges from 40,000,000 to 60,000,000 VND.

Best regards!