How much is the fine imposed for providing information about sperm donors to sperm recipients in Vietnam?
- Vietnam: What tests and examinations do sperm donors have to undergo?
- How much is the fine imposed for providing information about sperm donors to sperm recipients in Vietnam?
- Shall the Chairpersons of district-level People’s Committees have the power to impose a fine for providing information about sperm donors to sperm recipients in Vietnam?
Vietnam: What tests and examinations do sperm donors have to undergo?
Pursuant to Article 4 of Decree 10/2015/ND-CP:
Provisions on donation of sperm and eggs
1. A sperm or an egg donor shall be examined and tested to make sure that he/she suffers no hereditary disease which can affect subsequent generations; suffers no mental or another disease which deprives him/her of the capacity to perceive and control his/her acts; and does not contract HIV
2. Sperm or eggs shall be donated on a voluntary basis only at a single medical examination and treatment establishment recognized by the Ministry of Health as qualified to perform in vitro fertilization.
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Therefore, the sperm donor must undergo the following tests and examinations:
- Hereditary disease which can affect subsequent generations.
- Mental or another disease which deprives him of the capacity to perceive and control his acts.
- Diagnosis for HIV infection.
Vietnam: What tests and examinations do sperm donors have to undergo? (Image from the Internet)
How much is the fine imposed for providing information about sperm donors to sperm recipients in Vietnam?
Pursuant to Article 5 of Decree 10/2015/ND-CP:
Provisions on receipt of sperm, eggs and embryos
1. A sperm recipient must be the wife of a couple under infertility treatment of whom the husband is infertile, or be a single woman who wishes to have a baby and whose eggs are qualified for impregnation.
2. An egg recipient must be a Vietnamese or of Vietnamese origin who is the wife of a couple under infertility treatment and who has no egg or whose eggs are unqualified for impregnation.
3. An embryo recipient must be:
a/ The wife of a couple under infertility treatment both of whom are infertile;
b/ The wife of a couple under infertility treatment who has applied in vitro fertilization in vain, except the case of gestational surrogacy; or
c/ A single woman who has no egg or whose eggs are unqualified for impregnation.
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Pursuant to Point a, Clause 3, Article 42 of Decree 117/2020/ND-CP:
Violations against regulations on in-vitro fertilization (IVF)
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3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:
a) Providing names, addresses or images of sperm donors or sperm or embryo recipients;
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6. Additional penalties:
a) The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months in case of commission of 03 or more of the violations in Clauses 1, 2, 3 and Points c, d, dd, e, g Clause 4 of this Article;
b) The provision of IVF treatment shall be suspended for a fixed period of 06 – 12 months in case of commission of the violation in Point b Clause 4 or Clause 5 of this Article.
Pursuant to Clause 5, Article 4 of Decree 117/2020/ND-CP:
Fines
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5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.
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Therefore, a sperm recipient must be the wife of a couple under infertility treatment of whom the husband is infertile, or be a single woman who wishes to have a baby and whose eggs are qualified for impregnation.
A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for providing information about sperm donors to recipients;
In addition, the provision of IVF treatment may be suspended for a fixed period of 01 – 03 months in case of commission of 03 or more of the violations.
Note: The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation. Therefore, a fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed upon an organization for providing information about sperm donors to recipients.
Shall the Chairpersons of district-level People’s Committees have the power to impose a fine for providing information about sperm donors to sperm recipients in Vietnam?
Pursuant to Clause 2, Article 103 of Decree 117/2020/ND-CP amended and supplemented by Clause 7, Article 147 of Decree 96/2023/ND-CP and Point b, Clause 27, Article 2 of Decree 124/2021/ND- CP:
Power to impose penalties of Chairpersons of People’s Committees
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2. Chairpersons of district-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 15.000.000 for the administrative violations against regulations on population, up to VND 25.000.000 for the administrative violations against regulations on preventive medicine, HIV/AIDS prevention and control, up to VND 37.500.000 for the administrative violations against regulations on health insurance, or up to VND 50.000.000 for the administrative violations against regulations on medical examination and treatment, pharmacy, cosmetics and medical devices;
c) Suspend licenses/practicing certificates or operations for a fixed period;
d) Confiscate the exhibits and instrumentalities used for committing administrative violations;
dd) Enforce the remedial measures mentioned in Points c, dd, e, h and i Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 3 hereof.
Therefore, Chairpersons of district-level People’s Committees shall have the power to impose a fine for providing information about sperm donors to sperm recipients in Vietnam.
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