In Vietnam: Is it permissible to use donated sperm to fertilize to many people?

In Vietnam: Is it permissible to use donated sperm to fertilize to many people?

Pursuant to Article 4 of the Decree 10/2015/NĐ-CP stipulating donation of sperm and eggs in Vietnam as follows:

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.

As regulations above, donated sperm shall be used for only one person and may be used for another person only in case the childbirth fails.

If the hospital that you donated sperm to use your sperm to fertilize to more than one person, they will violate the law.

What are administrative fines for using donated sperm to fertilize to many people in Vietnam?

Pursuant to Clause 3 and 6, Article 42 of the Decree 117/2020/NĐ-CP stipulating violations against regulations on in-vitro fertilization (IVF) in Vietnam as follows:

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.

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 violationsin 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.

Pursuant to Clause 5 Article 4 of the Decree 117/2020/NĐ-CP stipulating as follows:

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

As regulations above, if the hospital that you donated sperm to use your sperm to fertilize to more than one person, they shall be fined from VND 20.000.000 to VND 40.000.000. In addition, their operation shall be suspended for a fixed period of 01 – 03 months.

What are regulations on receipt of sperm in Vietnam?

Pursuant to Article 5 of the Decree 10/2015/NĐ-CP stipulating regulations on receipt of sperm in Vietnam as follows:

1. A sperm recipient must be the wife of a couple under infertility treatment of whom the husband is infertile, or be a single woman who wishes to have a baby and whose eggs are qualified for impregnation.

2. An egg recipient must be a Vietnamese or of Vietnamese origin who is the wife of a couple under infertility treatment and who has no egg or whose eggs are unqualified for impregnation.

3. An embryo recipient must be:

a/ The wife of a couple under infertility treatment both of whom are infertile;

b/ The wife of a couple under infertility treatment who has applied in vitro fertilization in vain, except the case of gestational surrogacy; or

c/ A single woman who has no egg or whose eggs are unqualified for impregnation.

4. A sperm or an egg or embryo recipient must be physically fit for in vitro fertilization, pregnancy and childbirth; currently suffer no sexually transmitted disease, no contagious disease of group A or B; no hereditary disease which can affect subsequent generations; and no mental or another disease which deprives her of the capacity to perceive and control her acts, and must not contract HIV.

5. Medical examination and treatment establishments may not provide names, ages, addresses and images of sperm and embryo recipients.

Above are regulations on receipt of sperm in Vietnam.

Best regards!