Definition and Classification of Cosmetics in Vietnam

The definition of cosmetic in Vietnam regulations is currently compatible with the definition of ASEAN Cosmetic Convention provided in Article 2.1 of Schedule B of ASEAN Cosmetic Directive. Accordingly, 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.

For the classification of cosmetic, under the current Vietnam regulations, the criteria for the classification of cosmetic products based on the features, uses, recipe ingredients, route of administration of the product and the definition of cosmetic. Namely, beauty products are classified into 20 groups of products as the following:

• Creams, emulsions, lotions, gels and oils for skin (hands, face, feet, etc.)
• Face masks (with the exception of chemical peeling products)
• Tinted bases (liquids, pastes, powders)
• Make-up powders, after-bath powder, hygienic powders, etc
• Toilet soaps, deodorant soaps, etc.
• Perfumes, toilet waters and eau de Cologne
• Bath or shower preparations (salts, foams, oils. gels, etc.)
• Depilatories
• Deodorants and anti-perspirants
• Hair care products include: hair tints and bleaches, products for waving, straightening and fixing, setting products, cleansing products (lotions, powders, shampoos), conditioning products (lotions, creams, oils), hairdressing products (lotions, lacquers, brilliantines)
• Shaving product (creams, foams, lotions, etc.)
• Products for making-up and removing make-up from the face and the eyes
• Products intended for application to the lips
• Products for care of the teeth and the mouth
• Products for nail care and make-up
• Products for external intimate hygiene
• Sunbathing products
• Products for tanning without sun
• Skin whitening products
• Anti-wrinkle products

Besides, some products are not classified as cosmetic as the following:

• The product permanently adjust, restore or alter the function of the body by the immune mechanism, metabolic or pharmacological mechanism
• Products sweetened oral, injection or contact with other parts of the body (i.e. the nasal mucous membranes, genitals in, …)
• The mosquito, air fresheners, fabric softeners, water, toilet bowl cleaner, liquid oxygen aging, alcoholic antiseptic 70 ^0,90 ⁰ alcohol, product Clean dentures are not exposed to the oral cavity, false eyelashes, eye cleaning solution/nose/ear protection products nasal congestion, anti-snoring products, vaginal lubrication gel, ultrasound gel, the exposure in genital, rectal enema, anesthesia, reduce/ control the swelling/edema, dermatitis treatment, hypoallergenic, anti-fungal, anti-viral, stimulates hair growth products/grow eyelashes products removed/reduced fat/reduced fat/reduced body size, weight loss products, prevent/stop the growth of hair, the process stops sweating, permanent tattoo ink, product remove scars, keloids reduction, wound cleaning products.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance. ANT Lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.