THE MINISTRY OF HEALTH
Decision No.7866/QD-BYT dated December 28, 2018 of the Ministry of Health on announcing the administrative procedures, which have just been issued amended and supplemented in cosmetics under the management of the Ministry of Health
Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 defining functions, tasks, entitlements and organizational structure of the Minister of Health;
Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 08, 2010 on administrative procedure control; the Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to some Articles of Decrees related to administrative procedure control and Government’s Decree No. 92/2017/ND-CP dated August 07, 2017 on amendments to some Articles of Decrees related to administrative procedure control;
At the proposal of the Director of the Drug Administration Department,
DECIDES:
Article 1.To issue04 new administrative procedures and 02 existing administrative procedures which are amended and supplemented at the Government’s Decree No. 155/2018/ND-CP dated November 12, 2018 which are related to cosmetics under the management of the Ministry of Health issued with this Decision.
Article 2.This Decision takes effect on the signing date.
Article 3.The Chief of the Ministry Office, Directors of General Departments and Departments, Ministry Inspectorate, Departments of Health of provinces and central-affiliated cities and heads of relevant units shall implement this Decision./.
For the Minister
The Deputy Minister
Truong Quoc Cuong
ADMINISTRATIVE PROCEDURES WHICH HAS JUST BEEN AMENDED AND SUPPLEMENTED IN COSMETICS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH
(Issued with the Decision No. 7866/QD-BYT dated December 28, 2018 of the Minister of Health)
PART I. LIST OF ADMINISTRATIVE PROCEDURES
A. List of new administrative procedures under the management of the Ministry of Health:
No. | Name of administrative procedure | Field | Authority in charge |
A1. Administrative procedures of central authorities |
1 | Issuance of receipt number of the notification of cosmetic product | Cosmetics | Drug Administration of Vietnam |
2 | Issuance of Cosmetics Good Manufacturing Practice (CGMP-ASEAN) Certificate (hereinafter referred to as "the ASEAN CGMP Certificate") | Cosmetics | Drug Administration of Vietnam |
3 | Approval for order for purchase of imported cosmetics for research and testing purposes | Cosmetics | Drug Administration of Vietnam |
A2. Administrative procedures of provincial authorities |
4 | Issuance of receipt number of the notification of domestically manufactured cosmetic product | Cosmetics | Department of Health |
B. List of amendments to existing administrative procedures under the management of the Ministry of Health:
No. | Administrative procedure documentation number | Name of existing administrative procedure | Name of legislative document providing for amendments | Field | Authority in charge |
B1. Administrative procedures of provincial authorities |
1 | B-BYT-286777-TT | Issuance of Certificates of eligibility for cosmetic manufacturing | Government’s Decree No. 155/2018/ND-CP dated November 12, 2018 on amendments to some Articles related to business conditions under state management of the Ministry of Health (hereinafter referred to as the “Decree No. 155/2018/ND-CP”) | Cosmetics | Department of Health |
2 | B-BYT-286778-TT | Re-issuance of Certificates of eligibility for cosmetic manufacturing | Decree No. 155/2018/ND-CP | Cosmetics | Department of Health |
PART II. SPECIFIC CONTENTS OF EACH ADMINISTRATIVE PROCEDURE IN COSMETICS UNDER THE MANAGEMENT OF THE MINISTRY OF HEALTH
A. The List of new administrative procedures
A1. The administrative procedures of central authorities:
1. Procedure | Issuance of receipt number of the notification of cosmetic product |
Sequence |
| Step 1:Before import,theorganization or individual responsible for placing the cosmetic product in the market shall submit an application for registration of the cosmetic product declaration to the Drug Administration of Vietnam National through the National Single-window Information Portal (athttp://vnsw.gov.vn). Step 2:Within 01 working day from the receipt of the application, the Drug Administration of Vietnam shall examine it and issue a fee notice if the application is satisfactory. If the application is not satisfactory, issue a notice and specify necessary additional documents therein. Step 3:Application forthe cosmetic product declaration shall be processed as follows: a) Within 03 working days from the receipt of the satisfactory application and application fees, the Drug Administration of Vietnam shall issue the receipt number of the notification of cosmetic product. b) If the application is not satisfactory, within 05 working days from the receipt of the application, the Drug Administration of Vietnam shall issue an electronic notice and specify necessary additional documents therein. Additional documents include: - A written representation of amendments made by the applicant; - A notification of cosmetic product and/or other documents to which amendments are made; Within 05 working days from the receipt of the additional documents, the Drug Administration of Vietnam shall issue the receipt number of the notification of cosmetic product. If the additional documents are not satisfactory, within 05 working days from the receipt of the additional documents, the Drug Administration of Vietnam shall issue an electronic notice of failure to issue the receipt number of the notification of cosmetic product. c) Within 03 months from the date on which the abovementioned electronic notice is issued, if the Drug Administration of Vietnam does not receive any additional document, the application for registration of the cosmetic product declaration will be invalidated. In this case, the applicant that wishes to apply for registration of the cosmetic product declaration shall submit a new application and pay fees/charges as prescribed. |
Method of implementation1 |
| To submit an application through the National Single-window Information Portal (at http://vnsw.gov.vn). |
Composition and number of application |
| a. Composition2: - A notification of cosmetic product; - An authorization letter by the manufacturer or product owner that authorizes the organization or individual responsible for placing the cosmetic product in the market to distribute cosmetic products in Vietnam; - A Certificate of Free Sale (CFS). b. Number of documents:01 set. |
Limit time for processing application |
| - Within 03 working days from the receipt of the satisfactory application and application fees (if the receipt number has been issued); - Within 05 working days from the receipt of the application and application fees (if the receipt number has not yet been issued). |
Subject for administrative procedures |
| organization or individual |
Agency of handling administrative procedures |
| Drug Administration of Vietnam. |
Result of handling of administrative procedures |
| Receipt number of the notification of cosmetic product. |
Fees (if any) |
| VND 500,000 (five hundred thousand dong). |
Name of template (Issued with this procedure) |
| Appendix I: Form of the notification of cosmetic product (Appendix No. 01-MP). |
Requirements and conditions for following administrative procedures (if any) |
| - The organization or individual responsible for placing the cosmetic product in the market must be licensed to trade in cosmetics in Vietnam. - Safety assessment of the cosmetic product shall be made according to ASEAN Guidelines for the Safety Assessment of a Cosmetic Product. |
Legal foundation for administrative procedures |
| - The Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendments to some articles related to business conditions under state management of the Ministry of Health; - Decision No. 2659/QD-BYT dated June 17, 2016 of the Minister of Health on the application of one-door custom mechanism for the administrative procedures on receiving the publication of imported cosmetics; - Circular No. 277/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance on amounts, collection, payment, management and use of fees in the fields of pharmacy and cosmetics - Circular No. 06/2011/TT-BYT dated January 25, 2011 of the Ministry of Health on providing cosmetic management |
* All Appendices are not translated herein.