Vietnam: The accuser must pay the cosmetic sampling fee if the denunciation is not right

According to Article 40 of Circular No. 06/2011/TT-BYT of the Ministry of Health of Vietnam, the sampling and analyzing fee for the cosmetic quality check are prescribed as follows:

1. The cosmetic sampling fee and the cosmetic sample analyzing cost for the cosmetic quality check in manufacturing, composing, and putting on the market will be paid by the quality checking agency who decides on sampling and analyzing sample in accordance with the regulation of the March 03, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN by the Joint-Ministries of Finance, Science, and Technology, on guiding budget management and spending in relation to state checking operation of the commodity product quality.

2. In case, the analyzed sample is unsatisfied the quality standard which concluded by the cosmetic quality checking agency, organizations, individual who are responsible for putting the product on the market must pay for the whole fee of collecting pattern, analyzing cosmetic pattern to the quality checking agency in accordance with Article 10, Article 12, Article 14, Article 16, and Article 41 of the Product Quality Law in 2007, the March 3, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN of the Joint-Ministries of Finance, Science, and Technology on guiding budget management and spending in relation to state checking operation of the commodity product quality, and related law documents.

3. In case, the cosmetic is complained and accused of the quality; however, the quality checking agency conclusive that the complaint, accusation of product quality are not right, the person, who complaint, accuse, must pay for the whole fee of sampling, analyzing cosmetic sample to the quality checking agency regulated in clause 1 of this Article.

4. The cosmetic sampling payment for quality checking, the cosmetic sample analyzing payment are organized in the operation budget estimate of the cosmetic quality checking state agency, according to the regulations in the March 03, 2010 Joint-Circular No 28/2010/TTLT-BTC-BKHCN of the Joint-Ministries of Finance, Science, and Technology on guiding budget management and spending in relation to state checking operation of the commodity product quality, and related law documents.

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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