Procedures for registration of donation of living donor tissues and organs under the law in Vietnam

Hello, Lawnet would like to answer as follows:

1. In what cases is organ donation legal in Vietnam?

Organ donation is the act of voluntarily giving away one's own tissues or body parts (such as heart, liver, kidney, lungs, skin, cornea, etc.) while alive or after death to cure sick people or for other humanitarian purposes.

According to the provisions of Article 5 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006, those who are full eighteen years or older and have full civil act capacity are entitled to donate human tissues and organs when they are living or after their death and to donate their cadavers.

Principles in the donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers (Article 4 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006):

- Voluntariness of donors and transplant recipients.

- For humanitarian purposes, medical treatment, lecturing or scientific research.

- For non-commercial purposes.

- Confidentiality of information relating to donors and transplant recipients, unless otherwise agreed upon by the involved parties or provided for by law.

In addition, prohibited acts specified in Article 11 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006 include:

- To steal human tissues and organs; to steal cadavers.

- To force other persons to give away their tissues and organs or remove tissues and organs from persons who refuse to donate their tissues and organs.

- To buy or sell human tissues and organs; to buy or sell cadavers.

- To remove, transplant, use or store human tissues and organs for commercial purposes.

- To remove tissues and organs from living persons aged under 18 years.

- To transplant tissues or organs of persons infected with diseases on the list prescribed by the Minister of Health.

- To implant sperm, ova and embryos between persons of the direct bloodline and between persons of different sexes who are next of kin within three generations.

- To advertise and act as intermediaries in the donation and removal of human organs for commercial purposes.

- To disclose information and secrets about donors and transplant recipients in violation of law.

- To abuse one's position and powers to distort the results of brain death determination.

So, it is not only necessary for the donor to willingly donate their organs to someone else, but the purpose of organ donation should also not be for commercial purposes but rather for humanitarian reasons, medical treatment, education, etc. Additionally, it should not fall under any cases prohibited by law.

2. Procedures for registration of donation of living donor tissues and organs in Vietnam

Pursuant to Article 12 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006, the procedures for registration of donation of living donor tissues and organs are as follows:

Step 1:  Those who are eligible under the Law are entitled to express their wish to donate their tissues and organs to a medical establishment.

Step 2: The medical establishment shall report information on a person who wishes to donate his/her tissues or organs to the National Coordination Center for Human Organ Transplantation.

Step 3: Upon receiving the notice on a person who wishes to donate his/her tissues or organs, the National Coordination Center for Human Organ Transplantation shall notify a medical establishment defined in Article 16 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006 to carry out donation registration procedures for that person.

Step 4: Upon receiving the notice of the National Coordination Center for Human Organ Transplantation, a medical establishment defined in Article 16 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006 shall:

- Directly meet with the donor and provide him/her with information about human tissue and organ donation and removal;

- Give guidance on the donation registration according to a set form; to conduct health checks of the donor;

- Report the list of registered living donors of tissues or organs to the National Coordination Center for Organ Transplantation.

Registration of donation of living donor tissues or organs becomes effective at the time the medical establishment receives the written registration of donation of tissues or organs by a living donor.

3. What are the benefits of donors from whom tissues or organs have been removed in Vietnam?

According to the provisions of Article 17 of the Law on donation, removal and Transplantation of human tissues and organs and donation and recovery of cadavers 2006, donors are entitled to free health care and rehabilitation right after their tissues are removed at medical establishments. Donors from whom organs have been removed are entitled to the following benefits:

- Free health care and rehabilitation right after their tissues are removed at medical establishments and free regular health checks;

- Free health insurance cards;

- Prioritized transplantation of human tissues or organs at the prescription of a medical establishment;

- Receipt of a For the People's Health medal according to regulations of the Minister of Health.