Attention to:

- The Health Services of provinces and centrally-run cities;
- The Management Board of the Economic Zone of Quang Tri province;
- The Management Board of Economic Zone of Tay Ninh province;
- Enterprises producing and trading cosmetics.

For deployment of ASEAN cosmetics treaty in Vietnam, on January 25, 2011, the Ministry of Health issued the Circular No. 06/2011/TT-BYT providing for cosmetic management (replacing the Regulation on Management of Cosmetic promulgated together with the December 31, 2007 Decision No. 48/2007/QD-BYT of the Ministry of Health).

To unify the announcement and handling of the dossier on announcement of cosmetic products, cosmetic advertising, the Drug Administration of Vietnam guiding the cosmetic classification and announcement of cosmetic characteristics as follows:

1. Regarding the cosmetic classification

In accordance with the ASEAN treaty and the January 25, 2011 Circular No.06/2011/TT-BYT of the Ministry of Health, on providing for cosmetic management, cosmetics are classified into 20 groups as detailed in Item 2 (product types) of the Annex No. 01-MP enclosed with the Circular.

The criteria for classification of cosmetic products shall be based on characteristics, intended use, the ingredient formula, the usage way of products and definition of cosmetic stipulated in Clause 1 Article 2 of the Circular No.06/2011/TT-BYT of January 25, 2011. The assessment of announcement of product characteristics (stated in the part of the usage purpose and the product name) shall be inseparable from verifying whether a product is cosmetic or not. Characteristics and the intended use of cosmetic products must comply with the ASEAN’s guidance on announcement of characteristics of cosmetic products (the Annex No. 03-MP of the Circular No.06/2011/TT-BYT). The ingredient formula of cosmetic products must satisfy with the Annexes of ASEAN cosmetics treaty (published on the Drug Administration of Vietnam’s website - www.dav.gov.vn). Note: ingredients with human origin shall not be allowed for use in cosmetic.

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Some products are not classified as cosmetic: anti- mosquito products, perfume room spray, fabric softener, toilet detergent, hydrogen peroxide solution, sanitizing alcohol 70⁰, alcohol 90⁰, artificial teeth cleaning product without touching oral cavity,  artificial eyelash, liquid for eye/nasal/ear wash, nasal congestion preventing products, anti-snoring products, lubricant gel, ultrasonic gel, products touch internal genital organ, enema for rectum, numbing products, products reducing/controlling swelling/ edema, dermatitis treatment products, allergy relief products, fungicidal products, virucidal products, products stimulating for hair/eyelash grow, products removing/ burning fat/ losing centimeters, weight loss products, hair growth preventing/ stopping product, perspiration completely preventing products, eternal tattoo ink, products for removing scar, reducing convex scar, cleansing wound…

2. Regarding characteristics and the intended use of cosmetic products

The announcement of characteristics of cosmetic product (stated in the part of intended use as well as the name of the product) must satisfy ASEAN’s guidance on the announcement of cosmetic characteristics.

Below are frequently used words and terms which are unacceptable in the announcement of cosmetic characteristics according to each type of product. However, this list is not deemed complete; the final decision shall be made by the management agency:

Product type

 Unacceptable claims

Hair care products

● Eliminates dandruff permanently

● Restores hair cells

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● Hair loss can be arrested or reversed

● Stimulates hair growth

Depilatories

● Stops/retards/prevents hair growth

Nail products

● Reference to growth resulting from nourishment

Skin products

● Prevents, reduces or reverses the physiological changes and degeneration conditions brought about by aging

● Removes scars

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● Prevents, heals, treats or stops acne

● Reduces/controls swelling/oedema

● Fungicidal action

● Virucidal action

● Allergy relief

● Dermatitis treatment

● Weight-loss

● Lose centimetres

● Removes/burns fat

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● Body firming/bust firming

● Bust lifting

● Treatment of melasma/burnt

● Treatment of pigment/melanin

● Pink nipple (except for makeup products)

● Wound cleansing

Oral or dental hygiene products

● Treatment or prevention of dental abscess, gumboils, inflammation, mouth ulcers, periodontitis, pyorrhoea, periodontal disease, stomatitis, thrush or any oral diseases or infections

● Whitens tetracycline-induced stains

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● Completely prevents sweating/perspiration

Perfumes/fragrances/ colognes

● Strengthen emotion

● Aphrodisiac or hormonal attraction

The words meaning cure such as “treat”, “treatment” are unacceptable in characteristic announcement as well naming of cosmetic products (Example: treatment of melasma, treatment of drandruff, prevention of acne, treatment of inflammation, …)

Products with sterilizing, antiseptic and antibacterial intended use shall be only accepted as conformable to characteristics of cosmetic products if such purposes of use are recognized as second utility of the product. For example, “hand cleaning soap” which has the first utility of hand skin cleansing and the second utility of antibacterial shall be accepted for cosmetic.

Some announcements of characteristics which are unacceptable for cosmetic, if adjusted in conformity with cosmetic characteristics shall be accepted. For example: "Eliminates oil permanently for skin” into "Helps eliminating oil for skin " , "Treatment of dandruff" into "Cleaning dandruff", "Treatment of acne" into "Reducing/preventing acne", "Treatment of melasma” into "Blurring melasma", "Body firming" into "Skin firming", "Bust firming" into "Bust skin firming", ….

3. The Health Services of provinces and centrally-run cities, the Management Board of the Economic Zone of Quang Tri province and the Management Board of Tay Ninh province are requested to:

-  To review products for which, their units have issued numbers of receipt of the Announcement of cosmetic products in the locality;

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- Continue to carry out task of spreading regulations on cosmetic for enterprises producing and trading cosmetic in the locality.

4. Enterprises who signed on the cosmetic product proclamation are responsible for reviewing products, announcement of product characteristics (stated in the part of intended use as well as the name of the product) of their units which has been issued the number of receipt of proclamation and must conduct adjustment and re-announcement of products which have not been satisfying regulation.

The Drug Administration hereby informs to the Health Services of provinces and centrally run cities, Management Board of the Economic Zone of Quang Ninh province, Management Board of the Economic Zone of Tay Ninh province and cosmetic producing and trading enterprises for their acknowledgement and implementation. These units are requested to report any difficulties and problems which may arise to the Drug Administration in the course of implementation for coordinated settlement.

FOR DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL




Nguyen Viet Hung