What Is a Certificate of Free Sale (CFS)?

A Certificate of Free Sale (CFS) is an official legal document issued by a competent government authority or authorized agency in the exporting country. This certificate certifies that the cosmetic product is legally manufactured, marketed, and freely sold in the domestic market of the exporting country without any restrictions. The CFS acts as proof that the cosmetic product meets the basic safety, quality, and regulatory standards required for sale in that country.

In the context of importing cosmetics into Vietnam, the Certificate of Free Sale (CFS) is a critical document to demonstrate that the product complies with the origin country’s regulations and is safe for consumer use.

Legal Basis for CFS Requirements

The legal framework governing the Certificate of Free Sale (CFS) requirements for imported cosmetics in Vietnam is clearly defined by several key regulatory documents, ensuring compliance with national and international trade laws. These documents include:

• Circular No. 06/2011/TT-BYT issued by the Ministry of Health, which provides detailed guidelines on the management and control of cosmetics in Vietnam.

• Decree No. 69/2018/NĐ-CP, which specifies the implementation of important provisions under the Law on Foreign Trade Management (2017) related to the import and export of goods, including cosmetics.

• Law on Foreign Trade Management (2017), the primary legal act regulating foreign trade activities in Vietnam.

• Circular No. 29/2020/TT-BYT, which amends and supplements Circular No. 06/2011/TT-BYT, introducing updates on cosmetic product notification procedures and clarifications on CFS exemptions.

According to these regulations, the Certificate of Free Sale (CFS) is a mandatory document required in the cosmetic product notification dossier for all imported cosmetics in Vietnam. However, certain exemptions apply to products imported from CPTPP member countries, where alternative proof of legal sale and circulation may be accepted.

Key Information Required in a Valid CFS

According to Clause 3, Article 10 of Decree No. 69/2018/NĐ-CP and Circular No. 06/2011/TT-BYT issued by the Ministry of Health, a valid Certificate of Free Sale (CFS) for imported cosmetics must include comprehensive and specific information to be accepted by Vietnamese authorities during the cosmetic product notification process.

The essential details that a valid CFS must clearly state include:

Additional Important Requirements for a Valid CFS:

• Validity Period: The Certificate of Free Sale must be valid at the time of submission to Vietnamese authorities. If the CFS does not indicate an expiration date, it should have been issued within the last 24 months to be accepted.

• Consular Legalization: The CFS must be legalized by the consulate or embassy of Vietnam in the exporting country, except in cases where exemptions apply under international agreements or treaties.

Special Case: Import from CPTPP Member Countries

According to Circular No. 29/2020/TT-BYT issued by the Ministry of Health, cosmetic products imported into Vietnam from CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) member countries may be exempted from submitting the Certificate of Free Sale (CFS) under specific conditions. This exemption aims to facilitate trade and reduce administrative burdens for businesses importing from these trusted markets.

Conditions for CFS Exemption for Cosmetics Imported from CPTPP Countries

To qualify for the exemption, imported cosmetic products must meet one of the following criteria:

1. Manufactured in a CPTPP Member Country: The cosmetic product must be produced in a country that is a signatory to the CPTPP agreement and has ratified it, ensuring compliance with recognized trade and safety standards.

2. Legally Exported and Circulated in a CPTPP Country: The cosmetic product must be exported from and freely sold within a CPTPP member country’s domestic market, with valid supporting documents proving legal circulation, including but not limited to:

   • Cosmetic Product Licenses issued by the competent local authorities of the exporting CPTPP country.

   • Notification Receipts or official acknowledgment of cosmetic product registration.

   • Other Legal Documents that clearly demonstrate the cosmetic product is legally sold and distributed within the CPTPP country’s market.

Required Documentation in Lieu of the Certificate of Free Sale (CFS)

In cases where the CFS is exempted, importers must provide alternative documents proving the product’s legal circulation in the exporting country. These documents may still require consular legalization or authentication by the Vietnamese embassy or consulate, except when exemptions apply. Exemptions from consular legalization may be based on:

• Bilateral or Multilateral International Treaties that Vietnam is a party to, which waive legalization requirements.

• Written Confirmation issued by the foreign competent authority in the exporting CPTPP country.

• Verified Information from official government or regulatory websites, accompanied by the importing enterprise’s official seal and detailed documentation of the verification process.

CPTPP Member Countries

The CPTPP trade agreement currently includes the following member countries, whose cosmetic imports may benefit from this CFS exemption policy: Japan, Canada, Australia, New Zealand, Mexico, Singapore, Malaysia, Chile, Brunei and Peru

This exemption significantly simplifies the import procedures for cosmetics originating from CPTPP countries, helping businesses reduce paperwork and speed up market entry while ensuring compliance with Vietnamese regulations.

How Green NRJ Can Help

With extensive expertise in cosmetic import-export procedures and strict adherence to Vietnamese legal compliance, Green NRJ provides comprehensive support to help your business successfully navigate the complex process of cosmetic product notification and market entry in Vietnam.

Our professional services include:

• Review and preparation of cosmetic notification dossiers
• Guidance on obtaining or verifying the Certificate of Free Sale
• Consulting on CPTPP-related exemptions and origin certification

By partnering with Green NRJ, you can confidently ensure that your cosmetic products fully comply with all Vietnam cosmetic import regulations, avoiding costly delays and facilitating smooth entry into the Vietnamese market.

✅ Need assistance with cosmetic product notification?
Contact Green NRJ today for reliable and cost-effective solutions!

Related Articles: