Decree No. 12/2003/ND-CP dated February 12, 2003 of the Government on childbirth by scientific methods

DECREE

ON CHILDBIRTH BY SCIENTIFIC METHODS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the 1989 Law on Protection of People’s Health;

Pursuant to Article 63 of the 2000 Law on Marriages and Families;

At the proposal of the Minister of Health,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the artificial fertilization and in vitro fertilization; sperm donation and reception; ovum donation and reception; embryo donation and reception; sperm-and embryo-keeping establishments as well as the determination of fathers and mothers for children born by reproduction-supporting techniques.

Article 2.- This Decree shall apply to infertile couples and single women wishing to give birth to children by reproduction-supporting techniques; sperm donors, recipients and depositors; ovum donors and recipients; embryo donors and recipients; sperm- and embryo-storing establishments; and medical establishments which are permitted by the Health Ministry to apply reproduction-supporting techniques for childbirth (hereinafter referred to as medical establishments).

Article 3.- In this Decree, the following terms and phrases shall be construed as follows:

1. Childbirth by scientific methods means childbirth effected with the application of reproduction-supporting techniques such as artificial fertilization and in vitro fertilization.

2. Artificial fertilization means the technique of injecting the husbands’ or sperm donors’ sperm into the wombs of the women wishing to give birth to children for embryogenesis.

3. In vitro fertilization means the combination of ovum and sperm in test tubes for embryogenesis.

4. Infertile couples mean couples who live together continuously and do not apply any contraceptive methods but the conception does not occur after one year.

5. Ovum means ovum cell.

6. Embryo means the product of the combination of ovum and sperm.

Article 4.- Principles for the application of reproduction-supporting techniques:

1. Infertile couples and single women shall be entitled to give birth to children by reproduction-supporting techniques on the prescription of specialized doctors.

2. The implementation of reproduction-supporting techniques must strictly comply with the technical process issued by the Health Ministry.

3. The implementation of reproduction-supporting techniques; the ovum donation and reception; sperm donation and reception as well as embryo donation and reception must be conducted on the principle of voluntariness.

4. The sperm as well as embryo donation and reception shall be conducted on the principle of confidentiality.

Article 5.-

1. Foreigners may be entitled to the application of reproduction-supporting techniques if they are examined and determined by Vietnamese medical establishments as infertile with the husbands’ sperms or the wives’ ova being qualified for conception.

2. The ovum donation and reception; sperm donation and reception as well as embryo donation and reception shall not apply to foreigners.

Article 6.- The following acts are strictly prohibited:

1. Surrogacy.

2. Human cloning.

Chapter II

PROVISIONS ON SPERM DONATION AND RECEPTION, OVUM DONATION AND RECEPTION AS WELL AS EMBRYO DONATION AND RECEPTION

Article 7.- Sperm and ovum donors must satisfy the following conditions:

1. Age:

a) Being aged between full 20 and 55 for sperm donors.

b) Being aged between full 18 and 35 for ovum donors.

2. Being physically fit, not infected with sexually-transmitted diseases, HIV/AIDS, mental diseases, contagious diseases and other hereditary diseases.

3. To voluntarily donate their sperms, ova or embryos.

4. Not to inquire into the names, ages, addresses and images of recipients.

Article 8.- Sperm recipients, ovum recipients and embryo recipients must satisfy the following conditions:

1. Being aged between full 20 and 45.

2. Being physically fit for the conception, pregnancy and childbirth, not infected with sexually-transmitted diseases, HIV/AIDS, mental diseases, contagious diseases and other hereditary diseases.

3. Not to inquire into the names, ages, addresses and images of donors.

Article 9.-

1. The sperms of a donor shall be used for only one recipient. The sperm recipients must be the wives of couples being under infertility treatment with the causes for infertility resting with the husbands and single women wishing to give birth to children, whose ova have been determined by medical establishments as qualified for conception.

2. The ova of a donor shall be used for only one recipient. The ovum recipients must be the wives of couples being under infertility treatment with the causes for infertility resting with the wives who wish to give birth to children but have no ova or their ova are unqualified for conception.

3. The embryo of a donor shall be used for only one recipient. The embryo recipients must be the wives of couples being under infertility treatment with the causes of infertility resting with both the wives and the husbands.

Article 10.- Medical officials shall have to:

1. Consider the psychological states of the sperm as well as ovum donors and recipients.

2. Give full advice on risks which may occur in the process of taking sperms or ova.

3. Check the health of, and make all tests for, sperm donors and recipients, ovum donors and recipients as well as embryo donors and recipients.

4. Acknowledge all parameters on the quality of the donors’ sperms or ova.

5. Strictly observe the process of reproduction-supporting techniques, as provided for by the Health Ministry.

6. Keep secret all information on the names, ages, addresses and images of sperm as well as ovum donors and recipients.

Article 11.-

1. The couples, who, after having children by method of in vitro fertilization, do not wish to use the left embryos, may donate them to the medical establishments where they are kept under donation contracts upon the consensus of both husbands and wives.

2. Medical establishments shall be permitted to use embryos only for the performance of reproduction-supporting techniques under the provisions in Clause 1 of this Article.

3. The Professional Councils for Reproduction-Supporting Techniques of medical establishments shall have to advise the medical establishments’ heads on permitting the use of embryos according to the provisions in Clauses 1 and 2 of this Article.

Chapter III

REPRODUCTION-SUPPORTING TECHNIQUES

Article 12.-

1. Only medical establishments which are recognized as being qualified by the Health Ministry or the provincial/municipal Health Services are permitted to perform the techniques of artificial fertilization and in vitro fertilization.

2. The Health Ministry shall specify the technical process for artificial fertilization and in vitro fertilization; as well as the conditions for medical establishments to perform the reproduction-supporting techniques.

Article 13.-

1. The Health Ministry shall expertise and recognize the medical establishments’ qualification for the performance of in vitro fertilization techniques.

2. The Health Ministry shall expertise and recognize the qualification for the performance of artificial fertilization techniques by medical establishments under the Health Ministry as well as other ministries and branches.

3. The provincial/municipal Health Services shall, with the participation of regional or central obstetrics hospitals, expertise and recognize the locally-run medical establishments’ qualification for the performance of artificial fertilization techniques.

Article 14.-

1. Dossiers of application for the performance of reproduction-supporting techniques to be sent to medical establishments recognized as qualified for the application thereof shall include:

a) The written application for the performance of reproduction-supporting techniques.

b) The dossiers of determining the infertility of the couples named in the application for the performance of reproduction-supporting techniques.

2. After receiving complete dossiers as prescribed in Clause 1 of this Article, the medical establishments shall have to organize diagnosis and, through the medical establishments’ Professional Councils, submit the cases to their directors or persons authorized by the directors to approve the prescription on the application of reproduction-supporting techniques. In cases where it is impossible to apply reproduction-supporting techniques, the medical establishments shall have to reply the applicants in writing, clearly stating the reasons therefor.

Article 15.-

1. The payment for the application of reproduction-supporting techniques shall be agreed upon by the infertile couples and the medical establishments on the principle of fully covering expenses for the performance of the above-said techniques under the Health Ministry’s guidance.

2. In case where the persons enjoying the application of reproduction-supporting techniques meet with exceptional difficulties, medical officials may propose the medical establishments’ directors, through the Professional Councils for Reproduction-Supporting Techniques, to consider the exemption and reduction of payment for the application of reproduction-supporting techniques.

3. Funding for exemption and reduction of payment for the application of reproduction-supporting techniques shall be partially deducted from the collected hospital fee amounts and other humanitarian aid sources (if any).

Article 16.-

1. The Professional Councils for Reproduction-Supporting Techniques shall be set up at the Health Ministry and medical establishments permitted to perform the reproduction-supporting techniques.

2. The Health Ministry’s Professional Council for Reproduction-Supporting Techniques shall function to advise the Health Minister on professional and technical matters, medical and biological ethics and other matters related to reproduction-supporting techniques nationwide.

3. The medical establishments’ Professional Councils for Reproduction-Supporting Techniques shall function to advise the medical establishments’ directors on professional and technical matters, medical and biological ethics and other matters related to reproduction-supporting techniques within such medical establishments.

4. The Health Ministry shall prescribe the organization and operation of the Professional Councils for Reproduction-Supporting Techniques.

Chapter IV

SPERM- AND EMBRYO-STORING ESTABLISHMENTS

Article 17.-

1. Sperm- and embryo-storing establishments shall be organized in medical establishments for sperm and embryo storage and preservation in service of the application of reproduction-supporting techniques.

2. Sperms and embryos shall be stored during the process of applying reproduction-supporting techniques to the infertile couples.

3. After the successful performance of reproduction-supporting techniques, if the sperm or embryo depositors no longer wish to use their sperms or embryos and donate them to medical establishments, such medical establishments may use such sperms or embryos for the application of reproduction-supporting techniques for the others. The medical establishments’ Professional Councils for Reproduction-Supporting Techniques shall have to advise the medical establishments’ directors on the use of donors’ embryos according to the provisions in Article 8 and Clause 3, Article 9 of this Decree.

Article 18.-

1. The sperm deposit shall be carried out in the following cases:

a) The husbands of couples being under infertility treatment.

b) Those who deposit sperms at personal will.

2. The sperm depositors shall have to pay expenses for storage and preservation thereof according to law provisions. In cases where the sperm depositors die, the sperm-storing establishments shall have to destroy such persons’ sperms.

3. For sperm and embryo depositors who later wish to donate their sperms, the storing establishments shall have to apply methods to encode information on these donors.

Article 19.- Sperm- and embryo-storing establishments must meet the conditions prescribed by the Health Ministry.

Chapter V

DETERMINATION OF FATHERS AND MOTHERS FOR CHILDREN BORN BY REPRODUCTION-SUPPORTING TECHNIQUES

Article 20.-

1. Children born by reproduction-supporting techniques must be born by the wives of infertile couples or single women.

2. Persons defined in Clause 1 of this Article shall be determined as fathers and mothers of children born by reproduction-supporting techniques.

Article 21.- Children born by reproduction-supporting techniques shall not be entitled to claim the rights to inheritance and/or to be nurtured from the sperm, ovum or embryo donors.

Chapter VI

COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS

Article 22.- Organizations and individuals that record achievements in the application of reproduction-supporting techniques shall be commended and/or rewarded according to law provisions.

Article 23.- Those who violate the provisions of this Decree shall, depending on the seriousness of their violations, be disciplined, sanctioned for administrative violations or examined for penal liability; if damage is caused, compensation therefor must be made according to law provisions.

Chapter VII

IMPLEMENTATION ORGANIZATION

Article 24.- This Decree takes effect 15 days after the date of being published on the Official Gazette.

Article 25.- The Minister of Health shall have to guide the implementation of this Decree.

Article 26.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decree.