PROCEDURES FOR OBTAINING A CERTIFICATE OF FREE SALE (CFS) FOR DETERGENT POWDER AND CLEANING PRODUCTS

In the context of the rapidly growing manufacturing sector, the demand for bringing Vietnam’s key products to international markets is continuously increasing. For consumer chemical products such as detergent powder, floor cleaners, and cleaning agents, one of the important legal documents enterprises need to understand in order to legitimize import procedures in foreign markets is the Certificate of Free Sale (CFS).

The following article by VO & Associates provides a detailed analysis of the legal regulations, conditions, dossier requirements, and implementation procedures for this process from a practical perspective.

1. What is a CFS Certificate and how does it differ from other licenses?

Pursuant to Clause 1, Article 36 of the Law on Foreign Trade Management 2017, a Certificate of Free Sale (CFS) is a document issued by the competent authority of the exporting country to traders, certifying that the relevant products or goods are manufactured and permitted for free circulation in the exporting country.

For products such as detergent powder, floor cleaners, or cleaning agents, a CFS serves as proof that the products are currently circulated in Vietnam before being exported to another country.

Enterprises should clearly distinguish the nature of a CFS from other documents in the manufacturing and distribution chain in order to avoid confusion regarding their legal purposes:

• Enterprise Registration Certificate: Confirms the legal status and general business operation rights of an organization.
• Production Licenses/Documents: Focus on controlling manufacturing processes, facility conditions, and factory safety requirements (e.g., fire prevention and fighting certificates, environmental protection dossiers).
• Declared Applicable Standards: Confirm that products satisfy specific technical criteria established and announced by the enterprise for domestic circulation.
• CFS Certificate: A document serving export activities, enabling authorities in the importing country to verify the circulation status of goods in the exporting country.

2. Conditions and Competent Authorities for Issuing CFS Certificates for Cleaning Products

2.1. Conditions for Issuance

Pursuant to Clause 1, Article 11 of Decree No. 69/2018/ND-CP, domestically manufactured goods are eligible for CFS issuance when the following core conditions are satisfied:

• There is a request from the exporting trader for the issuance of a CFS for the goods.
• The goods have declared applicable standards in compliance with current legal regulations. The contents of such standards must not contradict applicable technical regulations or laws.

Practical Example from VO & Associates:

Company A manufactures laundry detergent products in Vietnam and plans to export them overseas. If the foreign partner or customs authority of the importing country requires a CFS to prove that the product is legally circulated in Vietnam, Company A must prepare a dossier requesting the issuance of a CFS. A prerequisite condition is that Company A has fully established and maintained documentation regarding the applicable declared standards for the laundry detergent product in Vietnam.

2.2. Competent Authorities

Under the current administrative decentralization framework, the authority to process CFS applications is determined based on the category of goods.

For consumer chemical products, detergent powder, and cleaning agents under the management of the Ministry of Industry and Trade, the competent authority or delegated local authority is typically the Department of Industry and Trade where the trader’s head office or manufacturing facility is located.

3. Dossier Requirements for Applying for a CFS Certificate

Pursuant to Clause 3, Article 11 of Decree No. 69/2018/ND-CP, enterprises are required to prepare one dossier consisting of the following legal documents:

No.	Required Documents	Quantity/Specification
1	Written request for issuance of a CFS (specifying the product name, HS code, applicable declared standard number, composition and concentration, importing country, etc.)	01 original copy (in both Vietnamese and English)
2	Enterprise Registration Certificate (or Investment Registration Certificate)	01 certified copy bearing the trader’s seal
3	Declared applicable standards for the products/goods together with the method of presentation (on labels, packaging, or accompanying documents)	01 certified copy bearing the trader’s seal
4	List of manufacturing facilities (clearly stating the facility name, address, and exported products)	01 original copy

 

4. Procedures for Obtaining a CFS Certificate

The procedures for applying for a Certificate of Free Sale (CFS) are carried out through the following steps:

• Step 1: Prepare and finalize the dossier
  The enterprise prepares all required documents as specified in Section 3.
• Step 2: Submit the dossier to the competent authority
  Enterprises may choose to submit the dossier directly at the One-Stop Service Division of the Department of Industry and Trade, via postal services, or online through the provincial/municipal public service portal system (depending on the technological infrastructure of each locality).
• Step 3: Dossier appraisal and issuance of results
  • According to the prescribed processing timeline, within 03 working days from the receipt of a complete and valid dossier, the competent authority shall review and issue the CFS Certificate to the enterprise. In practice, however, the timeline may be extended depending on the technical appraisal process in each locality.
  • If the dossier is invalid or incomplete, the receiving authority shall issue a written or electronic notice clearly stating the reasons and requesting amendments or supplements.

5. Practical Issues from a Lawyer’s Perspective

Although the CFS issuance procedure may appear to involve merely submitting documents, through practical experience supporting enterprises manufacturing cosmetics and cleaning chemicals, VO & Associates has found that applications are often delayed or rejected due to the following issues:

• Technical inconsistencies in product information:
  Many enterprises have their dossiers returned because the HS code (Harmonized System code), ingredient names, or concentrations are inconsistent across invoices, technical documents, and declared applicable standards.
• Incorrect determination of the competent authority:
  This is a particularly common issue due to the overlapping nature of cleaning products. Ordinary floor cleaners or detergents are generally managed by the Department of Industry and Trade. However, if the product label includes antibacterial or disinfectant claims for medical or household use, the dossier may be reclassified as disinfectant products under the jurisdiction of the health sector.
• Legal compliance risks related to manufacturing facilities:
  The CFS issuing authority generally reviews documents only and does not conduct on-site inspections. Nevertheless, if enterprises have not completed foundational legal documents such as environmental protection dossiers or fire prevention and fighting approvals, they may be unable to complete the process of establishing and applying declared standards for their products, thereby rendering the CFS application ineligible.
• Translation and certification requirements:
  In certain cases, where technical documents or foreign-issued certificates are used to substantiate product information, enterprises should carefully review requirements regarding translation, notarization, or consular legalization in accordance with the regulations of the receiving authority at the time of submission.

6. Comprehensive CFS Support Services at VO & Associates

To optimize costs, shorten the time required to bring products to international markets, and minimize risks associated with dossier amendments, VO & Associates provides comprehensive consulting services, including:

• Reviewing and verifying the consistency of technical dossiers and product labels, and assisting enterprises in accurately determining HS codes.
• Advising on the completion of foundational legal documents (declared applicable standards and legal compliance dossiers for manufacturing facilities).
• Representing enterprises in drafting documents, submitting dossiers, and working with competent authorities in order to obtain and deliver the CFS Certificate as quickly as possible.

Let VO & Associates accompany your enterprise in building a solid foundation for bringing your products to international markets safely and lawfully. For further assistance, please contact us via the website vo-associates.vn.

Contact Information:
Hotline: 0909 865 891 (Zalo, WhatsApp)
Email: hello@vo-associates.vn
Website: https://vo-associates.vn
Address: Room 105, 1st Floor, Cityview Building, 12 Mac Dinh Chi Street, Saigon Ward, Ho Chi Minh City

Sincerely,
Vo & Associates