In today’s development of advanced technology, the demand for beauty and personal care has risen significantly. Consequently, a wide range of beauty and aesthetic services such as hair salons, nail bars, eyelid surgery providers, nose lift centers, and more have rapidly expanded across the market.
However, depending on the type and scope of services offered, certain facilities are legally required to obtain a business license for their aesthetic services. To secure such licenses, businesses must fully meet statutory conditions and submit a complete application dossier to the competent authority for approval.
I. Is it difficult to apply for business licenses for aesthetic services?
Applying for business licenses for aesthetic services is similar to applying for other types of business licenses. If the business meets all the conditions and prepares all the documents, it will be processed faster. Invalid cases will be returned for amendment and supplement.
Based on legal regulations as defined by Clause 4, Article 11 of Decree 155/2018/ND-CP related to using chemicals, drugs, and equipment to intervene in the human body, causing physical changes such as eyes, nose, lips, skin, face, etc., or tattooing and spraying using injectable anesthetics, the following facilities need to apply for a license to operate aesthetic services include:
- Specialized aesthetic hospitals
- Specialized aesthetic clinics
- Medical examination and treatment facilities with specialized aesthetic activities approved by authorized authorities.
II. Legal regulations on business licenses for aesthetic services
Currently there are no specific regulations on aesthetic services, but it can still rely on Article 37 of Decree No. 109/2016/NĐ-CP (although it has expired) for consideration:
- Aesthetic service facilities are only permitted to perform tattooing, spraying, and embroidering on the skin, not using injectable anesthetics, and must meet the following conditions:
- Facilities: Must have a fixed location that meets hygiene and sanitation standards.
- Equipment: Must be adequately furnished with equipment, instruments, and materials appropriate to its scope of operation, with clear and verifiable origins.
- Professional personnel: Must hold a certificate or diploma in tattooing, pigmentation, or embroidery issued by a legally recognized training or vocational institution.
Aesthetic service facilities are not required to obtain an operating license but must submit a written notice confirming their compliance with all statutory conditions to the provincial Department of Health where the facility is located, at least 10 days prior to commencing operations.
Aesthetic services using drugs, substances, and equipment to intervene in the human body and using injectable anesthetics can only be conducted at hospitals with aesthetic specialties or clinics, or medical examination and treatment facilities with specialized scope of activities in aesthetic specialties depending on the scope of professional activities approved by competent authorities.
III. Conditions for applying for business licenses for aesthetic services
Pursuant to Article 26 of Decree No. 109/2016/NĐ-CP, as amended by Decree No. 155/2018/NĐ-CP, facilities offering aesthetic services are classified as specialty clinics and must meet the following conditions:
1. Facilities
- Having a fixed, permanent location;
- Complying with regulations on radiation safety and fire prevention and fighting;
- Maintaining a sterilization area for reusable instruments, or having an agreement with a licensed medical facility for sterilization services.
2. Medical equipment
- Possessing sufficient medical equipment appropriate for the approved scope of practice;
- Maintaining an emergency kit and sufficient specialized drugs for emergency care;
- Clinics treating occupational diseases must have a biochemical testing unit;
- Consultation clinics operating online must have adequate IT and telecommunications systems.
3. Human resources
- Each facility must appoint a technical supervisor who:
+ Is a licensed physician; and
+ Specializes in plastic, reconstructive, or cosmetic surgery. - All other practitioners:
+ Must hold valid professional certificates; and
+ May perform medical tasks only within the scope assigned in writing by the technical supervisor.
IV. Procedures for applying for business licenses for aesthetic services
Under the Law on Enterprise 2020 and Decree No. 01/2021/NĐ-CP, the procedures consist of the following steps:
1. Dossier preparation
According to Clause 1, Article 43 of Decree 109/2016/ND-CP, dossier includes specifically:
- A formal application form;
- Certified copies of the business registration certificate or foreign investment certificate (if applicable);
- Certified copies of practitioners’ certificates and a list of all registered practitioners;
- A declaration of the facility’s infrastructure and medical equipment;
- Evidence demonstrating compliance with statutory requirements;
- A proposed scope of services aligned with the Ministry of Health’s technical catalog.
2. Submission
- Submitting the dossier in person or by post to the provincial or municipal Department of Health.
3. Review and Processing
- If the dossier is complete and valid, the Department of Health will issue the license within 45 days from the date of receipt;
- If revisions are required, the applicant will be notified within 10 working days;
- If no corrections are submitted within 60 days, the process must be restarted.
4. Issuance
- Upon approval, the Department of Health issues the license.
Estimated total time: is approximately 90 working days.
V. Common issues and challenges for applying for business licenses for aesthetic services
1. In what cases is an aesthetic service business license rejected?
Usually, when applying for an aesthetic service business license, it is rejected due to a lack of understanding of the regulations on procedures and registration documents, leading to missing documents or incorrect declarations, so it is rejected for further amendment and supplementation. Or when the facility has not met the required conditions, it is rejected.
2. How long does it take to apply for all licenses to register for an aesthetic service business license?
Article 33 of Decree 01/2021/ND-CP stipulates that the time for registration for a business registration certificate takes 03 days if the application is valid. The expected time to apply for an aesthetic service business license is about 90 working days.
Thus, to complete the above procedures, it takes about 93 working days if the application is complete and valid.
3. Do one person need a degree to apply for a license to operate an aesthetic service?
One of the conditions for applying for a license to operate an aesthetic service is to ensure personnel conditions, including:
- The person responsible for the technical expertise of the specialized clinic must be a plastic surgery specialist or an aesthetic plastic surgery specialist and have at least 54 months of experience in examining and treating patients in such a specialty;
- Other subjects working in the specialized clinic, if they perform medical examinations and treatments, must have a practice certificate and be assigned work in accordance with the scope of professional activities stated in their practice certificate.
Thus, it is necessary to have a practice certificate of all practitioners and a list of registered practitioners of the clinic, specializing in cosmetic surgery.
VI. Legal advisory services for business licenses for aesthetic services
Ngoc Phu Law Company Limited (NPLAW) is a trusted legal partner providing timely, effective, and cost-efficient solutions. Our team of experienced attorneys is dedicated to guiding you through the licensing process to ensure your operations remain compliant while protecting your legal and business interests.
