On 4 September 2025, Viet Nam notified the WTO
(G/TBT/N/VNM/357) of a Draft Decree on the Management of Cosmetics introducing
an updated regulatory framework for cosmetic products. The draft sets detailed
requirements for product notification, manufacturing
conditions, labeling/advertising, market surveillance, and recalls—harmonized
with the ASEAN Cosmetics framework.
The Ministry of Health (Drug Administration
of Viet Nam) aims to adopt the Decree on 4 November 2025 with entry into force on 1
July 2026. Stakeholders have until 3 November 2025 (60 days from notification)
to submit comments.
This proposed Decree signals a shift to a unified, electronic,
risk-based regime covering import/export, Certificates of Free Sale (CFS),
Product Information Files (PIF), inspection/testing, and enforcement. The draft
text spans 10 chapters and 60 articles, assigning responsibilities across central
and provincial authorities and including detailed transitional arrangements.
Scope and ASEAN Alignment
The Decree expressly implements the ASEAN Harmonized
Cosmetic Regulatory Scheme, adopting the latest ASEAN annexes for ingredient
restrictions and safety assessment, and anchoring labeling and claims to ASEAN
guidance and the Law on Advertising.
Key Regulatory Pillars
1) Product Notification & PIF
- Mandatory
pre-market notification for both domestically produced and imported cosmetics;
validity 5 years with renewal pathway.
- PIF content and accessibility to
authorities are prescribed; safety must be assessed per ASEAN guidance.
2) Import/Export and CFS
- Import
allowed once the product is notified on the national portals; customs
verifies notification status electronically.
- CFS
exemptions for products produced in, or exported from, Comprehensive
and Progressive Agreement for Trans-Pacific Partnership (CPTPP) or ASEAN
member countries, subject to specified documentary alternatives (e.g.,
proof of legal sale or ASEAN notification).
3) Manufacturing Controls (CGMP/ISO 22716)
- Production
sites must meet personnel, facility, and quality-system requirements
consistent with Current
Good Manufacturing Practice CGMP.
- Provincial Health Departments will issue/adjust/revoke
manufacturing licenses and may also issue CGMP certificates.
- Reassessments may be periodic or cause-based.
4) Labeling and Claims
- Mandatory
label fields include product name, responsible company (in Vietnamese),
origin, function/use, INCI ingredient list, manufacturer, batch/production
date and expiry/use-after-opening rules, warnings where ASEAN annexes
require, notification number, and product standard.
- Electronic labeling is
permitted with conditions.
- Advertising must reflect notified information
and substantiated claims.
5) Post-Market Controls, Testing, and Recalls
- Risk-based
oversight: dossier review, targeted sampling/testing (GLP/ISO 17025),
required independent testing for higher-risk categories (e.g., whitening,
baby/toddler, sunscreen).
- Serious adverse events trigger expedited
reporting and potential market actions.
- Detailed mandatory recall
processes (voluntary or ordered) and suspension/blackout rules are
specified.
Safety/Quality Benchmarks (Annexed Limits)
Appendix 1 sets maximum limits for heavy metals (Hg 1 ppm; As 5 ppm; Pb
20 ppm; Cd 5 ppm), microbiological limits (stricter for products for children under 3 years or for ocular or mucosal use), and a 10 ppm cap for 1,4-dioxane as a
trace impurity (mirroring ASEAN parameters).
Digital Administration
The draft enables full online procedures for notification,
renewals, licensing, and archiving; electronic outcomes have equal legal effect
to paper. Authorities will publish notified products and licensed manufacturers
on official portals to support customs clearance and market surveillance.
Phased Transition
- Adoption:
4 November 2025 (proposed). Entry into force: 1 July 2026. Comment deadline: 3
November 2025.
- From
1 January 2027, renewal procedures begin under the new Decree. Handling of notifications moved to provincial Health Departments for all products;
legacy procedures before this date follow interim rules in Article 56.
- Manufacturing
certificates issued under Decree 93/2016 remain valid until 31 December 2027. From 1
January 2028, facilities must meet the new CGMP-based conditions and obtain
certificates under the new Decree.
- By 1
July 2026: Provincial Health Departments must ensure notified product
information is published on the national e-government portal per the
digitalization mandate.
Implications for Industry Stakeholders
- For importers/brand owners: Map
all SKUs to ASEAN annex limits; ensure PIF completeness and claim
substantiation. Prepare for CFS alternatives where CPTPP/ASEAN exemptions
apply. Verify electronic notification visibility for customs.
- For manufacturers/contract manufacturers: Gap-assess
facilities and QMS against CGMP/ISO 22716; plan re-certification before 1
Jan 2028. Align batch control, retention samples, and adverse-event
escalation procedures with the Decree’s post-market obligations.
- For distributors/retailers and e-commerce: Sell
only notified cosmetics; maintain traceability docs; be prepared to
cooperate with sampling/recalls and to halt distribution upon notices.
Next Steps
Submit written comments by 3 November 2025 to the Viet Nam
TBT Enquiry Point and the Drug Administration of Viet Nam using the contact
details provided in the WTO notice. Monitor the finalization for any changes to
adoption/entry dates and annex alignments.
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