[2025] Procedures for Establishing a Foreign-Invested Company for Cosmetic Production and Distribution in Vietnam

V. Conditions for Cosmetic Distribution:

According to Clause 1, Article 3 of Circular No. 06/2011/TT-BYT dated January 25, 2011, on cosmetic management, "Organizations and individuals responsible for placing cosmetic products on the market are only allowed to circulate cosmetics after the competent state management agency has issued a receipt number for the cosmetic product declaration and must be fully responsible for the safety, effectiveness, and quality of the product. The competent state agency will conduct post-market inspections when the product is in circulation."

Based on this regulation, organizations and individuals responsible for placing cosmetic products on the market are only allowed to do so after the competent state management agency has issued a receipt number for the cosmetic product declaration and must be fully responsible for the safety, effectiveness, and quality of the product.

Cosmetic Product Declaration Dossier:

The cosmetic product declaration dossier includes the following documents:

1. Cosmetic product declaration form (02 copies) along with declaration data (soft copy of the declaration form);

2. Original or certified true copy of the Letter of Authorization from the manufacturer or product owner authorizing the organization or individual responsible for placing the product on the market to distribute the cosmetic product in Vietnam (applicable to imported cosmetics and domestically produced cosmetics where the organization or individual responsible for placing the product on the market is not the manufacturer). For imported products, the Letter of Authorization must be a copy with authenticated signature and consular legalized in accordance with the law, except in cases of consular legalization exemption under international treaties to which Vietnam is a member. The Letter of Authorization must meet the specified requirements.  

a) CFS exemption cases include:

- Cosmetic products manufactured in a member country of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) where the participation in this Agreement has been approved and is effective by the competent authority of that country (hereinafter referred to as a CPTPP member country);  

- Consular legalization is exempted under international treaties to which the Socialist Republic of Vietnam (hereinafter referred to as Vietnam) is a member or under the principle of reciprocity between Vietnam and the issuing country;

- The foreign diplomatic mission or the competent state management agency for cosmetics or the agency issuing the legal document of the CPTPP member country sends a document or email to the Drug Administration of Vietnam confirming the legal document;

- The enterprise responsible for placing the product on the market submits the self-searched result of the legal document from the English website of the agency issuing the legal document of the CPTPP member country with the enterprise's confirmation seal, accompanied by a document providing information on the search link to the Drug Administration of Vietnam. The enterprise is responsible before the law for the legality and accuracy of these documents and information and the enterprise's self-searched result;

- Cosmetic products that have been issued a receipt number for the cosmetic product declaration in a member country of the Association of Southeast Asian Nations (ASEAN): The enterprise responsible for placing the product on the market must submit the cosmetic product declaration issued in the ASEAN member country that has been consular legalized in accordance with the law, except where the cosmetic product declaration falls into one of the following cases:

• Consular legalization is exempted under international treaties to which the Socialist Republic of Vietnam is a member or under the principle of reciprocity between Vietnam and the issuing country;
• The foreign diplomatic mission or the competent state management agency for cosmetics or the agency issuing the cosmetic product declaration of the ASEAN member country sends a document or email to the Drug Administration of Vietnam confirming the cosmetic product declaration;
• The enterprise responsible for placing the product on the market submits the self-searched result of the cosmetic product declaration from the English website of the competent management agency of the ASEAN member country issuing the receipt number for the cosmetic product declaration with the enterprise's confirmation seal, accompanied by a document providing information on the search link to the Drug Administration of Vietnam. The enterprise is responsible before the law for the legality and accuracy of these documents and information and the enterprise's self-searched result;

b) In addition to the CFS exemption cases specified in point a of this clause, the cosmetic product declaration dossier for imported products must have a CFS that meets the following requirements:

• The CFS is issued by the competent authority of the producing country or the country exporting the cosmetic product to Vietnam and is still valid (original or certified true copy). If the CFS does not specify a validity period, it must be a copy issued within 24 months from the date of issue;
• The CFS must be consular legalized in accordance with the law, except where the CFS meets one of the following regulations:
  • Consular legalization is exempted under international treaties to which Vietnam is a member or under the principle of reciprocity between Vietnam and the issuing country;
  • There is a document or email from the authority issuing the CFS or the foreign diplomatic mission to the Drug Administration of Vietnam containing confirmation of the CFS information;
• The CFS must have at least the specified information

VI. Export of Cosmetics

The export of cosmetics is carried out at the Customs authority in accordance with current legal regulations and the requirements of the importing country.

Dossier and procedures for issuing a CFS for domestically produced cosmetics for export:

• A written request for the issuance of a CFS clearly stating the product name, HS code of goods, product standard certification number or registration number, standard number (if any), ingredient composition (if any), importing country of goods: 1 original, in Vietnamese and English.
• Investment certificate or business registration certificate, enterprise registration certificate: 1 copy with the trader's seal.  
• List of production facilities (if any), including the name and address of the facility, products manufactured for export: 1 original.
• Standard applied to the product, goods, accompanied by the method of presentation (on the product label or on the product packaging or accompanying documents): 1 copy with the trader's seal.

VII. Conclusion

Thus, foreign investors investing in the production, import, export, wholesale, and retail of cosmetics in Vietnam need to carry out the following procedures:

• Step 1: Carry out procedures to apply for an Investment Registration Certificate;
• Step 2: Carry out procedures to apply for an Enterprise Registration Certificate;
• Step 3:
  • Submit a dossier to apply for a Certificate of Eligibility for Cosmetic Manufacturing;
  • Submit a dossier to apply for a Retail Business License;
  • Submit a dossier for cosmetic product declaration for imported cosmetics and a dossier for cosmetic product declaration for domestically produced cosmetics for cosmetic distribution activities;
  • Submit a dossier to apply for a Certificate of Free Sale (CFS) for domestically produced cosmetics for export.

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