Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy

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ATTRIBUTE

Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy
Issuing body: GovernmentEffective date:
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Official number:10/2015/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:28/01/2015Effect status:
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Fields:Marriage and family , Medical - Health

SUMMARY

03 ESTABLISHMENTS PERMITTED TO PERFORM ALTRUISTIC GESTATIONAL SURROGACY

In accordance with the Decree No. 10/2015/ND-CP dated January 28, 2015 of the Government on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy, The National Hospital of Obstetrics and Gynecology; Hue Central General Hospital and Ho Chi Minh City Tu Du Obstetrics Hospital are allow to to perform altruistic gestational surrogacy. Other medical examination and treatment establishment must satisfy the conditions such as it has performed in vitro fertilization for at least 1 (one) year with the number of in vitro fertilization cycles totaling at least 300 in a year; It has not violated the law on medical examination and treatment regarding application of in vitro fertilization…. to perform altruistic gestational surrogacy.

To be permitted to perform altruistic gestational surrogacy, a dossier of request for appraisal and issuance of a decision to recognize a medical examination and treatment establishment eligible to perform in vitro fertilization. Medical examination and treatment establishments already recognized by the Ministry of Health as eligible to perform in vitro fertilization may continue their operation without having to carry out again the recognition procedures. After 1 (one) year of implementing this Decree, based on the conditions prescribed in Clause 1 of this Article, the Minister of Health shall add Ministry of Health-recognized medical examination and treatment establishments eligible to perform in vitro fertilization which are permitted to perform altruistic gestational surrogacy apart from the three hospitals.

Besides, the Decree also prescribes the regulations on responsibilities on counseling.  A gestational surrogacy-requesting couple should be counseled on contents such as options other than gestational surrogacy or child adoption; the process of in vitro fertilization and gestational surrogacy; difficulties of gestational surrogacy; the very low success rate for gestational surrogacy if the wife’s ovarian reserve is low or she is over 35; high treatment costs; possibility of multiple births; possibility of embryo defects leading to forced abortion and other related contents.

This Decree takes effect on March 15, 2015 and annuls the Government’s Decree No. 12/2003/ND-CP of February 12, 2003
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Effect status: Known

THE GOVERNMENT

 
No. 10/2015/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
 
Hanoi, January 28, 2015
 
 
DECREE
On giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 23, 2009 Law on Medical Examination and Treatment;
Pursuant to the June 19, 2014 Law on Marriage and Family;
At the proposal of the Minister of Health,
The Government promulgates the Decree on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy.
Chapter I
GENERAL PROVISIONS
Article1. Scope of regulation and subjects of application
1. This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination and treatment establishments to perform in vitro fertilization; conditions for altruistic gestational surrogacy; preservation of sperm, eggs and embryos; information and reporting.
2. The application of assisted reproductive technology of artificial insemination under the Law on Medical Examination and Treatment is not governed by this Decree.
3. This Decree applies to Vietnamese agencies, organizations and individuals and foreigners engaged in vitro fertilization and gestational surrogacy in Vietnam.
Article2. Interpretation of terms
In this Decree, the terms and phrases below are construed as follows:
1. In vitro fertilization means the combination between an egg and sperm in vitro to create an embryo.
2. Infertility means a wife’s being unable to conceive after the couple has unprotected sexual intercourse on an average of 2-3 times/week for one year.
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[1] Công Báo Nos 239-240 (14/2/2015)
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