What are benefits of donors from whom tissues or organs have been removed in Vietnam?
I am turning 20 this year, and I wish to donate my organs and body after death. Could Lawnet provide me with a general overview of this topic so that I can have a better understanding? For example, who is eligible to donate organs and tissues, the rights of these individuals when they donate, etc in Vietnam. I sincerely appreciate your help.
Lan Ngoc (ngoc***@gmail.com)
What are benefits of donors from whom tissues or organs have been removed in Vietnam? - image from internet
Legal basis:
- Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers in 2006;
- Circular 104/2017/TT-BTC.
1/ Subjects eligible for donation of human tissues and organs and cadavers in Vietnam
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.
2/ Benefits of donors from whom tissues or organs have been removed in Vietnam
- Benefits of donors from whom tissues have been removed
+ Donors are entitled to free health care and rehabilitation right after their tissues are removed at medical establishments;
- Benefits of donors from whom organs have been removed
+ 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.
+ Exempt from regular health check-up fees as guided by the Ministry of Health, according to the price of health examination services for individuals who have donated body parts regulated by competent authorities.
+ Supported with accommodation expenses in cases where the individual who donated body parts resides far from the medical facility and cannot return on the same day (excluding cases where the individual who donated body parts needs to be hospitalized for medical examination or treatment within the scope of health insurance coverage). The support is 450,000 VND per day per person, with a maximum of 2 days.
+ Supported with meal expenses during the actual days of regular health check-ups, with a maximum of 3 days per check-up, at a rate of 200,000 VND per day.
+ Supported with transportation expenses from home to the medical facility for regular health check-ups, and vice versa, based on the public transportation fare. In the case of using personal means of transportation, the support is calculated based on the distance from home to the medical facility and vice versa, assuming fuel consumption of 0.2 liters of gasoline per kilometer and the local gasoline price.
+ Having the regular health examination time confirmed by the medical facility as a basis for enjoying benefits according to the provisions of the Labor Code, Social Insurance Law, and relevant guidelines (if any).
+ If the relatives of the deceased body donor have a need to organize a memorial service and burial for the deceased body donor, they will be supported with burial expenses equivalent to 10 months of the statutory pay rate.
- Rights of body donors:
+ The relatives of the body donor who have a need to organize a memorial service and burial for the body donor will be supported with burial expenses equivalent to 10 months of the statutory pay rate.
3/ Prohibited cases in donation of human tissues and organs and cadavers in Vietnam
According to Article 5 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers in 2006, 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.
Therefore, if the aforementioned conditions are not met, the donation of human tissues and organs and cadavers in Vietnam is strictly prohibited.
In adddition, the donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers shall follow below principles:
- Voluntariness of donors and transplant recipients.
- For humanitarian purposes, medical treatment, lecturing or scientific research.
- For non-commercial purposes.
- Confidentiality of information relating to donors and transplant recipients, unless otherwise agreed upon by the involved parties or provided for by law.
According to Article 11 of the Law on donation, removal and transplantation of human tissues and organs and the donation and recovery of cadavers in 2006, prohibited acts regarding donation of human tissues and organs and cadavers in Vietnam are as follows:
- To steal human tissues and organs; to steal cadavers.
- To 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.
- To buy or sell human tissues and organs; to buy or sell cadavers.
- To remove, transplant, use or store human tissues and organs for commercial purposes.
- To remove tissues and organs from living persons aged under 18 years.
- To transplant tissues or organs of persons infected with diseases on the list prescribed by the Minister of Health.
- To 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.
- To advertise and act as intermediaries in the donation and removal of human organs for commercial purposes.
- To disclose information and secrets about donors and transplant recipients in violation of law.
- To abuse one's position and powers to distort the results of brain death determination.
Best regards!
