Is trading sperm considered trading human tissues in Vietnam?

Is trading sperm considered trading human tissues in Vietnam?

Article 154 of the 2015 Penal Code provides for trading, appropriation of human tissues or body parts as follows:

1. Any person who deals in or appropriates human tissues or other body parts shall face a penalty of 03 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed for commercial purposes;

c) The offence involves abuse of the offender's position or power;

d) The offence is committed against 02 - 05 people.

dd) The offence has been committed more than once;

e) The offence causes 31% - 60% WPI for the victim.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence is committed in a professional manner;

b) The offence causes ≥ 61% WPI for the victim.

c) The offence is committed against 06 or more people;

d) The offence results in the death of the victim;

dd) Dangerous recidivism.

4. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

Clause 1, Clause 2, Article 3 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers in 2006 has the following provisions:

1. Tissue is a combination of cells of the same type or different types to perform certain functions of human body.

2. Human organ is a part of human body formed from tissues of different types to perform certain physiological functions.

As such, sperm are not considered human tissues or organs. Therefore, when trading sperm, they will not be liable for criminal prosecution for the crime of trading, appropriation of human tissues or body parts in Vietnam.

At what age can a person donate sperm in Vietnam?

In Article 6 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers in 2006, there are provisions on the right to donate and receive sperm, ova and embryos in artificial fertilization as follows:

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.

Thus, in the case of a man who is full twenty years old or older, if he meets the provisions of the law in Vietnam, he can donate sperm.

How much is fine for using sperm of a donor for two recipients in Vietnam? 

In Article 42 of Decree 117/2020/ND-CP, there are regulations on violations against regulations on in-vitro fertilization (IVF) as follows:

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to submit reports on the provision of IVF and surrogacy services to the Ministry of Health as prescribed by law.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failing to perform medical examination and testing of sperm and egg donors for infectious diseases, mental disorder or another health condition that makes them lose their awareness or control of their acts, and HIV infection.

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.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Donating sperm or eggs at two or more health facilities qualified to perform IVF as certified by the Ministry of Health;

b) Failing to comply with technical procedures or regulations on health standards of persons receiving IVF treatment, having pregnancy and giving birth adopted by the Minister of Health;

c) Providing IVF treatment for a person who is ineligible to receive sperm, egg or embryo as prescribed by law;

d) Using surplus embryos for perform IVF without valid donation contracts;

dd) Using surplus embryos donated under a donation contract for two or more other recipients, except unsuccessful childbirth;

e) Failing to destroy or donate surplus embryos to the health facility for scientific research purposes in case of successful childbirth;

g) Using surplus embryos donated under donation contracts without the approval of the head of the health facility.

5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Performing IVF without obtaining certification of eligibility to perform IFV as prescribed by law;

b) Failing to satisfy one of eligibility requirements after obtaining certification of eligibility to perform IFV.

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.

According to this Article, the act of using sperm of a donor for two recipients in Vietnam can be fined from VND 10,000,000 to VND 20,000,000.

Best Regards!