Vietnam: 9 cases of confiscation of cosmetic

According to Article 45 of Circular No. 06/2011/TT-BYT of the Ministry of Health of Vietnam, suspending the cosmetic circulation and confiscation are prescribed as follows:

1. The cosmetic which is suspended circulation and confiscated when one in two following situations happens:

- The cosmetic which is put into the market has not yet been issued with a cosmetic proclamation receipt No by the Government’s Authority Office;

- The cosmetic which is unqualified or unsafe for the consumer;

- The delivered cosmetic gets the formula which is written not exact as the proclaimed one in the file.

- The cosmetic which contains the prohibited substance, or the concentration, the content exceeds the permissible level;

- The circulation of cosmetic which gets a inappropriate usage label compared to the proclamation file or is unsatisfying the regulation in writing on the label of this Circular; dependent on the level of violation, the product can be suspended of circulation and confiscated;

- The circulation of cosmetic is produced at a factory which is unsatisfying the regulation, “cosmetic good manufacturing practice” standard of the Asian Southeast Association Nations (CGMP-ASEAN) or the ASEAN Cosmetic Association equivalent admits; dependent on the level of violation, the product can be suspended of deliver and confiscated.

- The expired or over-expired cosmetic in accordance with the producer’s warning;

- The false, illicitness-imported, unclear-sourced, origin, and imperfection-packaged product;

- The cosmetic is voluntarily confiscated in written by an organization or individual who is responsible for putting it on the market.

2. The authority of making decisions to confiscate the cosmetic:

- The Medicine Management Department – the Ministry of Health gives out a decision to confiscate cosmetics from the whole country.

- The Provincial or Central Cities Health Service, the Management Board of the Moc Bai Entry Economical Area (Tay Ninh Province) or the Management Board of the Economical Area, in Quang Tri Province implement the Medicine Management department – the Ministry of Health’s announcement of confiscating the law-breaking cosmetic in accordance with the law regulation in the region and report to the Medicine Management department.

View details at Circular No. 06/2011/TT-BYT of the Ministry of Health of Vietnam, effective from April 01, 2011.

Thuy Tram

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