Vietnam: What are the procedures for registration of donation of human tissues and organs? What are the cases of prohibition from donation of human tissues and organs?
What are the procedures for registration of donation of human tissues and organs in Vietnam?
Procedures for registration of donation of living donor tissues and organs
- Pursuant to the provisions of Article 12 of the Law on donation, removal and transplantation of human tissues and organs and the 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 Article 5 of Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006 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 Law on donation, removal and transplantation of human tissues and organs and the 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 Law on donation, removal and transplantation of human tissues and organs and the 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.
- Note: The 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.
Procedures for registration of donation of deceased donor tissues and organs
- Pursuant to the provisions of Article 18 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006, the procedures for registration of donation of deceased donor tissues and organs are:
+ Step 1: Persons who meet all conditions specified in Article 5 of Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006 are entitled to express their wish to donate their tissues or organs after their death to a medical establishment.
+ Step 2: When receiving information from a person who wishes to donate his/her tissues or organs after his/her death, a medical establishment shall notify the National Coordination Center for Human Organ Transplantation.
+ Step 3: When receiving a notice on a case of human tissue or organ donation, the National Coordination Center for Human Organ Transplantation shall notify a medical establishment defined in Article 16 of Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006 for carrying out donation registration procedures for the donor.
+ Step 4: When receiving the notice of the National Coordination Center for Human Organ Transplantation, a medical establishment defined in Article 16 of Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006 shall:
++ Directly meet the donor to give counseling on human tissue and organ transplantation and removal;
++ Instruct the donation registration according to a set form; conduct a health check of the donor;
++ Issue a card of registration of donation of deceased donor tissues and organs to the donor;
++ Report the list of registered donors who have been granted a card of donation of deceased donor tissues and organs to the National Coordination Center for Human Organ Transplantation.
- Note: The registration of donation of deceased donor tissues or organs becomes effective on the date the registrant is issued a donation registration card.
What are the cases of prohibition from donation of human tissues and organs in Vietnam?
Pursuant to the provisions of Article 5 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006, the right to donate human tissues and organs and cadavers in Vietnam is:
The right to donate human tissues and organs and cadavers
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.
Thus, only 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, otherwise, if they do not meet the above conditions, they will be prohibited from the donation of human tissues and organs by law,
In addition, based on Article 11 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006, there are also prohibited acts for donation of human tissues and organs in Vietnam, including:
- Steal human tissues and organs; to steal cadavers.
- 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.
- Buy or sell human tissues and organs; to buy or sell cadavers.
- Remove, transplant, use or store human tissues and organs for commercial purposes.
- Remove tissues and organs from living persons aged under 18 years.
- Transplant tissues or organs of persons infected with diseases on the list prescribed by the Minister of Health.
- 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.
- Advertise and act as intermediaries in the donation and removal of human organs for commercial purposes.
- Disclose information and secrets about donors and transplant recipients in violation of law.
- Abuse one's position and powers to distort the results of brain death determination.
What are the benefits for donors of tissues and organs in Vietnam?
Pursuant to the provisions of Article 17 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers 2006, donors of tissues and organs in Vietnam are entitled to the following benefits:
- 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.
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