What products are not considered cosmetic products in Vietnam?

What are cosmetic products in Vietnam? What are properties of cosmetic products in Vietnam?

According to Clause 1, Article 2, Circular 06/2011/TT-BYT explains cosmetic product as follows:

Term Interpretation

In this Circular, the following terms shall be construed as follows

1. Cosmetic product is a substance or a preparation which is used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition.

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According to Section 1 of Official Dispatch 1609/QLD-MP of 2012, there are instructions as follows:

Regarding the cosmetic classification

In accordance with the ASEAN treaty and the January 25, 2011 Circular No.06/2011/TT-BYT of the Ministry of Health, on providing for cosmetic management, cosmetics are classified into 20 groups as detailed in Item 2 (product types) of the Annex No. 01-MP enclosed with the Circular.

The criteria for classification of cosmetic products shall be based on characteristics, intended use, the ingredient formula, the usage way of products and definition of cosmetic stipulated in Clause 1 Article 2 of the Circular No.06/2011/TT-BYT of January 25, 2011. The assessment of announcement of product characteristics (stated in the part of the usage purpose and the product name) shall be inseparable from verifying whether a product is cosmetic or not. Characteristics and the intended use of cosmetic products must comply with the ASEAN’s guidance on announcement of characteristics of cosmetic products (the Annex No. 03-MP of the Circular No.06/2011/TT-BYT). The ingredient formula of cosmetic products must satisfy with the Annexes of ASEAN cosmetics treaty (published on the Drug Administration of Vietnam’s website - www.dav.gov.vn). Note: ingredients with human origin shall not be allowed for use in cosmetic.

Characteristics of Cosmetic are creation of temporary effect/impact and necessary to be regularly used to maintain effective. Products which affect permanently, recover or change the body’s function through immunity, metabolism or pharmacological regime shall not be classified as cosmetic. Products used by ways of swallow, injection or touch with other parts of the human body (for example: the nasal mucous membrane, internal genital organs …) shall not be classified as cosmetic.

Some products are not classified as cosmetic: anti- mosquito products, perfume room spray, fabric softener, toilet detergent, hydrogen peroxide solution, sanitizing alcohol 70⁰, alcohol 90⁰, artificial teeth cleaning product without touching oral cavity, artificial eyelash, liquid for eye/nasal/ear wash, nasal congestion preventing products, anti-snoring products, lubricant gel, ultrasonic gel, products touch internal genital organ, enema for rectum, numbing products, products reducing/controlling swelling/ edema, dermatitis treatment products, allergy relief products, fungicidal products, virucidal products, products stimulating for hair/eyelash grow, products removing/ burning fat/ losing centimeters, weight loss products, hair growth preventing/ stopping product, perspiration completely preventing products, eternal tattoo ink, products for removing scar, reducing convex scar, cleansing wound…

According to this Article, a cosmetic product is a substance or preparation used for touch with outside parts of human body (skin, hair system, finger nails, toenails, lip, and outside reproduction organ) or teeth and mouth mucous membrane with main purpose in order to cleanse, aromatize, change the outward characteristics, form, adjust body’s smell, safeguard body, or maintain the human body in good condition.

The characteristic of cosmetics is to create effects/effects that are not permanent and require regular use to maintain effectiveness.

What products are not considered cosmetic products in Vietnam? (Image from the Internet)

What products are not considered cosmetic products in Vietnam?

According to Section 1 of Official Dispatch 1609/QLD-MP of 2012, regulations on classification of cosmetic products are as follows:

Regarding the cosmetic classification

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Characteristics of Cosmetic are creation of temporary effect/impact and necessary to be regularly used to maintain effective. Products which affect permanently, recover or change the body’s function through immunity, metabolism or pharmacological regime shall not be classified as cosmetic. Products used by ways of swallow, injection or touch with other parts of the human body (for example: the nasal mucous membrane, internal genital organs …) shall not be classified as cosmetic.

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According to this Article, to determine whether a product is not considered a cosmetic will be based on the characteristics of that product and the characteristics of the cosmetic.

The characteristic of cosmetics is to create effects/effects that are not permanent and require regular use to maintain effectiveness.

Therefore, products that do not meet the conditions for cosmetic characteristics will not be considered cosmetics.

Specifically, products that permanently adjust, restore or alter body functions by immune, metabolic or pharmacological mechanisms are not classified as cosmetics.

In addition, products that are taken orally, injected or come into contact with other parts of the body are not considered cosmetics.

Some products that are easily confused as cosmetics in Vietnam include:

- Room sprays and denture cleaning products do not come into contact with the oral cavity;

- False eyelashes, eye/nose/ear cleaning solutions, decongestant products, anti-snoring products;

- Vaginal lubricant gel, ultrasound gel, products in contact with internal genitals;

- Rectal enema solution, anesthetic, reduces/controls swelling/edema, treats dermatitis, reduces allergies, kills fungi, kills viruses, hair growth/eyelash stimulation products, removal products /fat loss/slimming/reducing body size;

- Weight loss products, prevent/stop hair growth, products to stop sweating, permanent tattoo ink, scar removal products, keloid reduction products, wound cleaning products,...

Are functional foods cosmetics in VIetnam?

According to Section 1 of Official Dispatch 1609/QLD-MP of 2012, regulations on classification of cosmetic products are as follows:

About the classification of cosmetic products

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Characteristics of Cosmetic are creation of temporary effect/impact and necessary to be regularly used to maintain effective. Products which affect permanently, recover or change the body’s function through immunity, metabolism or pharmacological regime shall not be classified as cosmetic. Products used by ways of swallow, injection or touch with other parts of the human body (for example: the nasal mucous membrane, internal genital organs …) shall not be classified as cosmetic.

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According to this Article, the characteristics of cosmetics are to create effects/effects that are not permanent and need to be used regularly to maintain effectiveness.

Products that permanently correct, restore or alter body functions by immunological, metabolic or pharmacological mechanisms are not classified as cosmetics.

In addition, products that are taken orally, injected or come into contact with other parts of the body are not considered cosmetics.

Functional foods are a type of product used orally. Therefore, functional foods are not cosmetics.

Best regards!