Fines for violations against regulations on in-vitro fertilization in Vietnam November 15, 2020

In-vitro fertilization (IVF) is an increasingly popular method of giving birth today. However, some medical facilities are violating regulations regarding this matter in Vietnam. Below are the fines for violations against regulations on in-vitro fertilization in Vietnam November 15, 2020

Fines for violations against regulations on in-vitro fertilization in Vietnam November 15, 2020

Fines for violations against regulations on in-vitro fertilization in Vietnam November 15, 2020 (Internet image)

According to the provisions of Article 42 of Decree 117/2020/ND-CP, fines for violations against regulations on in-vitro fertilization in Vietnam are as follows:

Violations

Fines

Additional penalties

Failing to submit reports on the provision of IVF and surrogacy services to the Ministry of Health as prescribed by law.

3.000.000 - 5.000.000 VND

The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months

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.

5.000.000 - 10.000.000 VND

The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months

Providing names, addresses or images of sperm donors or sperm or embryo recipients

10.000.000 - 20.000.000 VND

 

The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months

Using sperm or eggs of a donor for two or more recipients, except unsuccessful childbirth;

Failing to destroy or donate unused donor sperm or eggs to scientific research institutes in case of successful childbirth;

Failing to encode donor sperm and eggs, or failing to specify characteristics of donors, especially their race, of encoded donor sperm and eggs;

Storing sperm, eggs or embryos at a health facility that is not allowed to perform IVF;

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;

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;

None

Failing to destroy sperm or eggs at the request of the depositor who gets divorced;

Failing to destroy embryos at the written request of the couple after they gets divorced;

Destroying embryos of a depositor who gets divorced but has submitted a written request for continued storage and still pays storage and preservation charges;

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;

Accepting requests for storage of sperm, eggs or embryos in cases other than those prescribed by law.

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

20.000.000 - 30.000.000 VND

None

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;

The provision of IVF treatment shall be suspended for a fixed period of 06 – 12 months

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

The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months

Using surplus embryos for perform IVF without valid donation contracts;

The provision of IVF treatment shall be suspended for a fixed period of 01 – 03 months

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

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

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

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

30.000.000 - 40.000.000 VND

The provision of IVF treatment shall be suspended for a fixed period of 06 – 12 months

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

Note: 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 that may subject to be suspended for a fixed period of 01 – 03 months

Lê Vy

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