Handling of Violations in Cosmetics Sales in Vietnam

The mechanisms of handling violations of cosmetics advertising and sales in Vietnam.

The cosmetic quality checking central agency is the Vietnam Medicine Management Department – the Ministry of Health. The Medicine Management Department coordinates with the inspector of the Health Ministry, the Medicine Analyzing Central Institute, Medicine departments of centrally – affiliated cities and provinces in order to carry out and supervise the post – sale promotion activities in regard to the cosmetic product. On the cosmetic analyzing result of the analyzing state agencies, the Medicine Management Department – the Ministry of Health is the agency who controls cosmetic quality in Vietnam.

The local cosmetic quality – checking agency is the Health Department of centrally – affiliated cities and provinces. The Health Departments of centrally – affiliated cities and provinces organize to carry out the post – sale promotion activities on the domestic cosmetic, the import cosmetic which is delivered in their area, and handle problems in relation to the cosmetic quality according to the law regulations; report on statistic of the cosmetic quality management situation in their localities

For the checking and inspecting form, Vietnam law provides two forms: the scheduled check and inspection and the ad-hoc check and inspection. The ad-hoc check and inspection shall be made when discovering the products which are unqualified, don’t obey provisions for being sold on the market, or because of the customer’s complaints. In urgent cases, the competent agency has right of check and inspect without warning.

The check and inspection include contents as the following:

• Check and inspection the obedience of laws on the cosmetic production and the trading, including: (i) the obedience of principle and standards of “cosmetic good manufacturing practice” of the Asian Southeast Association Nations (CGMP-ASEAN) or equivalence which are admitted by the ASEAN Cosmetic Association; (ii) the label writing; (iii) the Product Information File (PIF) regulated by the ASEAN; (iv) the cosmetic advertising;
• The check and inspection of solving the dispute, the complaint, the denouncement on the quality and other contents related to the cosmetic (if any);
• The check and inspection of implementing announcement of confiscation the cosmetic in regard to the regulation (if any).

The priority order in checking and supervising the post – sale promotion is based on the product’s kind, origin source, label, company’s brand name, formula ingredients.

This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

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.