Regulations on donation of sperm and eggs in Vietnam

Regulations on donation of sperm and eggs in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Regulations on donation of sperm and eggs in Vietnam

According to Article 4 of Decree 10/2015/ND-CP, regulations on sperm and oocyte donation are as follows:

- 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

- 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.

- 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.

2. Regulations on storage of sperm, eggs and embryos in Vietnam

According to Article 20 of Decree 10/2015/ND-CP, regulations on storage of sperm, eggs and embryos as follows:

- Sperm, eggs and embryos shall be stored by medical examination and treatment establishments eligible to perform in vitro fertilization for preservation to serve in vitro fertilization.

- Depositors of sperm, eggs and embryos shall pay storage and preservation charges under civil contracts with establishments storing sperm, eggs and embryos, except for donated sperm, eggs and embryos.

A medical examination and treatment establishment may destroy deposited sperm, eggs or embryos after the depositor has not paid storage and preservation charges for six months.

3. Regulations on depositing sperm, eggs and embryos in Vietnam

Regulations on depositing sperm, eggs and embryos in Vietnam are as follows:

- Sperm, eggs or embryos shall be deposited by the following persons:

+ The husband or wife of a couple under infertility treatment;

+ A person who wishes to keep them personally;

+ A voluntary donor;

+ An infertile couple or a single woman who stores surplus embryos after successful in vitro fertilization.

- When receiving a notice together with a lawful copy of the death certificate of a depositor from his/her family, the establishment storing sperm, eggs or embryos of that person shall destroy them, unless the spouse of that person makes a written request for storage and still pays the storage and preservation charge.

- For a depositor of sperm, eggs or embryos who gets divorced:

+ His sperm or her eggs shall be destroyed at his/her request;

+ For request for destruction of embryos, written consent of both husband and wife is required. For request for continued storage, a written request for storage and payment of storage and preservation charges are required.

- A spouse who uses sperm, eggs or embryos in the case prescribed in Clause 2, or at Point b, Clause 3 of this Article, resulting in relations other than marriage and family relations shall comply with the law on marriage and family and the civil law.

- For a depositor of sperm, eggs or embryos who wishes to donate them to the storing establishment for use for others, the storing establishment shall encode information of this donor. In case of donation for scientific research, such encoding is not required.

(According to Article 21 of Decree 10/2015/ND-CP)

To Quoc Trinh

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