Vietnam: Is it allowed to use the sperm of one donor for many different people? Are male citizens aged full 18 eligible to donate sperm?
What are the provisions on the donation of sperm for humanitarian purposes in Vietnam?
Pursuant to Decree 10/2015/ND-CP issued by the Government dated January 28, 2015 on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy as follows:
At Article 5 of Decree 10/2015/ND-CP, the provisions on the donation of sperm are as follows:
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.
3. Medical examination and treatment establishments may not provide names, ages, addresses and images of sperm donors.
4. Sperm or eggs of a donor shall be used for only one person and may be used for another person only in case the childbirth fails. In case the childbirth is successful, all unused sperm or eggs shall be destroyed or donated to scientific research institutions.
Thus, the sperm donation in artificial fertilization shall comply with the above provisions.
What are the penalties imposed on entities using the sperm of one donor for many different people in Vietnam?
Pursuant to regulations on sperm donation in Clause 4, Article 4 of Decree 10/2015/ND-CP, the sperm of one donor shall be used for only one person and may be used for another person only in case the childbirth fails.
Thus, entities using the sperm of one donor for many different people will face administrative penalties in the medical sector.
Specifically, in Clause 3, Article 42 of Decree 117/2020/ND-CP on penalties for administrative violations in the medical sector as follows:
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;
b) Using sperm or eggs of a donor for two or more recipients, except unsuccessful childbirth;
c) Failing to destroy or donate unused donor sperm or eggs to scientific research institutes in case of successful childbirth;
d) Failing to encode donor sperm and eggs, or failing to specify characteristics of donors, especially their race, of encoded donor sperm and eggs;
dd) Storing sperm, eggs or embryos at a health facility that is not allowed to perform IVF;
e) Failing to destroy sperm, eggs or embryos when receiving a notice and a lawful copy of the death certificate of the depositor from his/her family, unless the depositor's spouse makes a written request for continued storage and still pays storage and preservation charges;
g) Destroying sperm, eggs or embryos of a depositor who has died while his/her spouse has submitted a written request for continued storage and still pays storage and preservation charges;
h) Failing to destroy sperm or eggs at the request of the depositor who gets divorced;
i) Failing to destroy embryos at the written request of the couple after they gets divorced;
k) Destroying embryos of a depositor who gets divorced but has submitted a written request for continued storage and still pays storage and preservation charges;
l) Failing to adhere to the principle of anonymity of gamete donors when donating and receiving sperm/embryos; failing to encode information on depositors who donate their deposited sperm, eggs or embryos to the storage facility for further use for others, unless they are donated to scientific research purposes;
m) Accepting requests for storage of sperm, eggs or embryos in cases other than those prescribed by law.
Thus, entities using the sperm of one donor for many different people shall be fined from VND 10,000,000 to VND 20,000,000.
For violating organizations, based on Clause 5, Article 4 of Decree 117/2020/ND-CP, the above fine will be from 20,000,000 to 40,000,000 VND.
Are male citizens aged full 18 in Vietnam eligible to donate sperm?
Pursuant to the provisions of Article 6 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers, the right to donate and receive sperm, ova and embryos in artificial fertilization are:
The right to donate and receive sperm, ova and embryos in artificial fertilization
1. Men aged full twenty years or older and women aged full eighteen years or older and having full civil act capacity are entitled to donate and receive sperm, ova or embryos in artificial fertilization in accordance with law.
2. Donation and receipt of sperm, ova and embryos in artificial fertilization shall be carried out according to the Government's regulations.
According to this regulation, male citizens wishing to donate sperm must meet all 02 following conditions:
- Be at least 20 years old;
- Have full civil act capacity.
Therefore, male citizens aged full 18 in Vietnam are eligible to donate sperm according to the law.
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