Vietnam: What are the regulations for sperm and eggs in case of childbirth by vitro fertilization technique?
- What regulations must be given to sperm and eggs in case of childbirth by in vitro fertilization technique?
- What are the regulations for surplus embryos after in vitro fertilization in Vietnam?
- What are the regulations on dossiers and procedures for requesting recognition of medical examination and treatment establishments eligible to perform in vitro fertilization in Vietnam?
What regulations must be given to sperm and eggs in case of childbirth by in vitro fertilization technique?
Pursuant to Article 4 of Decree 10/2015/ND-CP stipulating that sperm and eggs in case of childbirth by in vitro fertilization technique must comply with the following provisions:
- 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 that deprives him/her of the capacity to perceive and control his/her acts; and does not contract HIV
- Sperm or eggs shall be donated on a voluntary basis only at a single medical examination and treatment establishment recognized by the Vietnam Ministry of Health as qualified to perform in vitro fertilization.
- Medical examination and treatment establishments may not provide names, ages, addresses and images of sperm donors.
- 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.
Vietnam: What are the regulations for sperm and eggs in case of childbirth by vitro fertilization technique?
What are the regulations for surplus embryos after in vitro fertilization in Vietnam?
Pursuant to Article 6 of Decree 10/2015/ND-CP stipulates as follows:
Article 6. Provisions on surplus embryos after in vitro fertilization
1. After having a baby through in vitro fertilization, a couple may donate their surplus embryos to the medical examination and treatment establishment with the consent of both husband and wife under a donation contract.
2. A medical examination and treatment establishment may only use surplus embryos donated under contracts prescribed in Clause 1 of this Article to perform in vitro fertilization.
3. Embryos of a donor prescribed in Clause 1 of this Article shall be used for only one person and may be used for another person only when the childbirth fails. In case the childbirth is successful, the remaining embryos shall be destroyed or donated to medical examination and treatment establishments for scientific research.
4. The head of a medical examination and treatment establishment shall decide to permit the use of surplus embryos in accordance with Clauses 2 and 3 of this Article.
Thus, according to the above regulations, the use of residual embryos after in vitro fertilization must comply as follows:
- After having a baby through in vitro fertilization, a couple may donate their surplus embryos to the medical examination and treatment establishment with the consent of both husband and wife under a donation contract.
- A medical examination and treatment establishment may only use surplus embryos donated under contracts prescribed in Clause 1 of Article 6 of Decree 10/2015/ND-CP to perform in vitro fertilization.
- Embryos of a donor prescribed in Clause 1 of Article 6 of Decree 10/2015/ND-CP shall be used for only one person and may be used for another person only when the childbirth fails. In case the childbirth is successful, the remaining embryos shall be destroyed or donated to medical examination and treatment establishments for scientific research.
- The head of a medical examination and treatment establishment shall decide to permit the use of surplus embryos in accordance with Clauses 2 and 3 of Article 6 of Decree 10/2015/ND-CP.
What are the regulations on dossiers and procedures for requesting recognition of medical examination and treatment establishments eligible to perform in vitro fertilization in Vietnam?
Pursuant to Clause 1 Article 9 of Decree 10/2015/ND-CP amended by Clause 2 Article 1 of Decree 98/2016/ND-CP) stipulates as follows:
Article 9. Dossiers and procedures for requesting recognition of medical examination and treatment establishments eligible to perform in vitro fertilization
1. A dossier of request for appraisal and issuance of a decision to recognize a medical examination and treatment establishment eligible to perform in vitro fertilization must comprise:
a/ A written request for appraisal made according to Form No. 1 promulgated together with this Decree (not translated),
b/ A list of personnel and equipment and the ground plan of the unit performing in vitro fertilization.
c) Lawful copies of qualifications or certificates of completion of training in-vitro fertilisation technique issued by Vietnamese or foreign training institution
d/ Written certification that persons directly performing in vitro fertilization have conducted at least 20 cycles of infertility treatment through in vitro fertilization;
dd/ Lawful copies of the medical examination and treatment establishment’s operation license and professional practice certificates of persons performing in vitro fertilization.
2. A dossier shall be made in 1 (one) set and sent directly or by post to the Vietnam Ministry of Health.
3. Within 15 working days after receiving a complete dossier, the Vietnam Ministry of Health shall consider the dossier. If the dossier is invalid, the Vietnam Ministry of Health shall issue a notice clearly stating the reason to the applying establishment for dossier completion. If the dossier is valid, within 60 days after receiving a complete dossier, the Vietnam Ministry of Health shall form an appraisal team to appraise the applying establishment in accordance with Article 10 of this Decree.
Thus, according to the provisions on the composition of the dossier of application for recognition of medical examination and treatment establishments that are allowed to perform in vitro fertilization techniques, including:
- A written request for appraisal made according to Form No. 1 promulgated together with Decree 10/2015/ND-CP,
- A list of personnel and equipment and the ground plan of the unit performing in vitro fertilization.
- Lawful copies of qualifications or certificates of completion of training in-vitro fertilisation technique issued by Vietnamese or foreign training institution
- Written certification that persons directly performing in vitro fertilization have conducted at least 20 cycles of infertility treatment through in vitro fertilization;
- Lawful copies of the medical examination and treatment establishment’s operation license and professional practice certificates of persons performing in vitro fertilization.
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