Currently, mixed creams for skin and low-quality cosmetics are being widely sold on social media with many advertising tricks to deceive people into buying and using them. So, will entities selling mixed creams for skin and low-quality cosmetics in Vietnam face penalties?
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From November 15, what is the fine for selling mixed creams for skin and low-quality cosmetics in Vietnam? (Illustrative image)
"Mixed cream for skin" is understood as substandard cosmetics without safety, labels, of unknown origin, and unverified quality. The law has clearly stipulated the penalties for actions that introduce substandard, unlabeled, and unidentified origin cosmetics to the market for business.
Article 71 of Decree 117/2020/ND-CP (effective from November 15, 2020) stipulates the penalties for violations against regulations on cosmetics trading in the field of cosmetics business in Vietnam:
1. A fine ranging from VND 5.000.000 to VND 10.000.000, if the shipment is assessed at less than VND 20.000.000 according to their selling prices, or a fine ranging from VND 10.000.000 to VND 20.000.000, if the shipment is assessed at VND 20.000.000 or more according to their selling prices, shall be imposed for an entity other than the one responsible for placing cosmetic products in the market for commission of one of the following violations:
- Trading in cosmetic products whose packages have been damaged;
- Trading in expired cosmetic products;
- Trading in cosmetic products subject to a recall notification of a competent authority.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon the entity responsible for placing the cosmetic product in the market for commission of one of the following violations:
- Trading in the cosmetic product that is substandard or unsafe for use;
- Trading in cosmetic products whose packages have been damaged;
-Trading in expired cosmetic products;
- Trading in cosmetic products subject to a recall notification of a competent authority.
3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon the entity responsible for placing the cosmetic product in the market for commission of one of the following violations:
- Trading in the cosmetic product that contains substances which are prohibited from use in cosmetic products or whose concentration exceeds the maximum authorized concentration prescribed by law;
- Trading in the cosmetic product which does not have the Product Information File (PIF) or whose PIF is inadequate or is not presented at the request of a competent authority;
- Trading in the cosmetic product whose formulation is not conformable with that specified in the approved application for notification of cosmetic product;
- Failing to recall cosmetic products at the request of a competent authority.
Thus, under these regulations, a fine of up to 40 million VND may be imposed for selling mixed creams for skin and low-quality cosmetics in Vietnam depending on the level of violation after inspection, review, and assessment of the violation by the competent authorities. However, organizations and individuals responsible for distributing mixed creams for skin and low-quality cosmetics to the market will be fined more heavily (from 20 to 40 million VND) compared to retailers of mixed creams for skin and low-quality cosmetics (from 5 to 20 million VND). Additionally, the fine for the above acts applies only to individual violators, while organizations committing such violations will face fines twice the amount imposed on individuals.
In order to avoid the harmful effects of selling mixed creams for skin and low-quality cosmetics, the law imposes heavier penalties on organizations and individuals conducting such business, causing adverse effects on consumers. Furthermore, everyone needs to be vigilant and ascertain the origin of cosmetics before purchasing to avoid harming their health.
Ty Na
