Having a good appearance brings a lot of advantages in life, such as being treated better and having more opportunities in work and marriage. Therefore, to improve their own appearance, many people have chosen to go to beauty care facilities such as spas, massages, or even undergo filler injections, plastic surgery.
The need to beautify oneself is continuously growing, which results in the birth of many cosmetic facilities. Through its course of operations, Apolat Legal has received many requests for advice from clients who want to operate in the field of beauty care and cosmetic services. Therefore, this article provides clients with the necessary steps to conduct beauty care and cosmetic services legally.
Beauty care and cosmetic services encompass a lot of specific services. Depending on the type of service the Client wishes to provide, the process may be as follows:
Step 1: Establish a beauty care and cosmetic services enterprise
Setting up an enterprise is the first and most important step that all those in the beauty care and cosmetic services must perform. Upon establishment, the Client will be issued an Enterprise Registration Certificate. This Certificate is compulsory for obtaining sub-licenses if the Client expects to provide services such as filler injections or plastic surgery. In addition, the establishment of an enterprise will help clients receive preferential treatment and protection from the State as well as build trust to customers.
Step 2: Apply for a Certificate of eligibility for security and order
If the enterprise provides massage services such as massage using physical therapy or petrissage for health, it must apply for a Certificate of eligibility for security and order.
In addition, the enterprise must submit documents to the police in accordance with the law as well as arrange a place to store, safely preserve guests’ personal belongings and property and arrange separate rooms for men and women when performing massage services.
Step 3: Notice of satisfaction of conditions to provide cosmetic services
If the Client wishes to provide tattoo, spray or skin embroidery services without the use of injectable anesthetics, a notification on the satisfaction of the conditions for providing cosmetic services must be submitted to the Department of Health where the head office is located at least 10 days before starting operation. In addition, the Client must meet the following conditions: Have a fixed location; Have sufficient medical equipment suitable to the scope of services; Persons performing tattoos, sprays or skin embroidery without the use of injectable anesthetics must have certificates of training in spraying, tattooing or skin embroidery issued by lawful vocational training institutions.
Step 4: Apply for a license to operate a cosmetic clinic
Currently, only hospitals with cosmetic departments or cosmetic clinics or medical examination and treatment facilities with specialized scope of cosmetic activities are allowed to perform the following cosmetic services
– Using drugs, substances and equipment to intervene in the human body (surgery, procedures, interventions involving injections, injections, pumps, irradiation, waves, burning or other invasive interventions) that change skin color, shape, weight, defects of body parts (skin, nose, eyes, lips, face, chest, abdomen, buttocks and other parts of the human body).
– Tattooing, spraying, skin embroidery using injectable anesthetics.
Based on our experience in working with state agencies and Clients’ choice, establishing a cosmetic clinic is the best option for small and medium enterprises. In order to be licensed to operate cosmetic clinic, the enterprise must meet the following conditions:
1. Facilities
– Have a fixed location (except in the case of providing mobile cosmetic services);
– Ensure conditions on radiation safety and fire protection in accordance with the provisions of law;
– A sterilization area must be arranged for the disposal of reusable medical instruments, unless there are no instruments to be sterilized or there is a contract with another medical facility to sterilize the instruments.
2. Medical equipment
Have sufficient medical equipment suitable to the scope of professional activities of the facility.
3. Human resources
– The clinic must have a person responsible for technical expertise. The person responsible for technical expertise must meet the following conditions:
- Be a plastic surgeon;
- Have a period of practice in plastic surgery for at least 36 months after being granted a practicing certificate or directly participated in plastic surgery for at least 54 months. The assignment and appointment of the person responsible for technical expertise of the cosmetic clinic must be expressed in writing;
- Be a practitioner at the clinic.
– In addition to the person responsible for the technical expertise of the clinic, other persons working in the clinic, if performing cosmetic services, must have a practicing certificate and can only perform services within the scope of assigned work. The person responsible for technical expertise of the clinic shall assign practitioners to perform professional techniques in writing;
– Other persons involved in the process of performing cosmetic services but do not need to be issued a practicing certificate as prescribed by law are allowed to carry out activities as assigned by the person responsible for the technical expertise of the clinic, the assignment must be in accordance with his/her professional qualifications.
These are the basic steps every business need to undertake and comply with to be able to start operating in beauty care and cosmetic services. Apolat Legal hopes that this publication has provided the Client with an overview to start their business operations.
Disclaimer:
This article is for general information only and is not a substitute for legal advice. Apolat Legal is a Vietnamese law firm with experience and capacity to advise on matters related to Investment. Please click here to learn more about our services and contact our lawyers in Vietnam for advice via email info@apolatlegal.com.
