People register for tissue and organ donation at an event in Hương Thủy Town in the central province of Thừa Thiên - Huế. VNA/VNS Photo Tường Vi

HÀ NỘI — The Ministry of Health has proposed that individuals aged 16 and older be allowed to donate tissues such as kidneys and part of the liver while alive, provided they have written consent from their legal representative or guardian.

This new provision is included in the draft amendments and supplements to the Law on Donation, Removal and Transplantation of Human Tissues, Organs and Cadavers.

Under the current law, only individuals aged 18 and older with full civil capacity are eligible to register for living tissue donation, while donations from those under 18 are completely prohibited.

Specifically, the ministry have proposed amending Article 5 regarding the right to donate tissues and organs after death, stating that all individuals have the right to donate their tissues and organs posthumously.

For individuals under 18 who wish to donate their tissues or organs after death, written consent from their legal representative is required.

Regarding the right to donate tissues and organs while alive, individuals aged 30 and older with full civil capacity are allowed to donate their organs while alive to any transplant recipient without specifying a designated recipient.

Individuals aged 18 and older with full civil capacity can donate their organs while alive to their parents, children or biological siblings.

Individuals aged 16 and older may donate their tissues while alive, but only with written consent from their legal representative or guardian.

Individuals aged 18 and older with full civil capacity have the right to donate their bodies after death.

The draft has also proposed the provisions regarding the costs associated with tissue and organ donation and transplantation following Article 33 of the Law on Donation, Removal, and Transplantation of Human Tissues, Organs and Cadavers.

Costs for living donors include medical examinations, biological testing, tissue and organ retrieval and post-donation care and recovery.

Costs for posthumous tissue and organ donation for medical treatment include resuscitation expenses, evaluation of tissue and organ function for donation and the procurement of donated tissues and organs.

Costs for transplant recipients include biological testing, transplantation procedures, post-transplant recovery, periodic follow-up examinations and immunosuppressive medications.

In the draft, the ministry has proposed additional benefits for blood and stem cell donors. These benefits include priority access to and free provision of an amount of blood equivalent to what they have donated when they require a blood transfusion during treatment at State-owned medical facilities.

Donors will also be entitled to half a day off work after obtaining their employer’s consent to donate blood, without any deduction in salary or counting it as part of their annual leave or public holidays, in accordance with labour laws.

Furthermore, donors will receive priority access to stem cell sources from stem cell banks when needed. They will be provided with information about blood-borne diseases and given a thorough explanation of the donation process, including the potential risks and the medical tests required before and after donation.

Their clinical examination results and test outcomes will be kept confidential. If any abnormalities are detected during the health check-up for blood and stem cell donation, donors will receive appropriate medical consultation and guidance on post-donation health care.

In the event of complications arising during or after blood and stem cell donation, donors will be entitled to medical care and financial support for their treatment. Stem cell donors must undergo a free medical consultation, health check-up and necessary tests before donation.

These procedures must adhere to technical guidelines approved by the head of the receiving medical facility or the Minister of Health. If a donor does not meet the eligibility requirements for stem cell donation, medical staff must provide a clear explanation of the reasons.

According to the draft, stem cell donation can only be performed at medical facilities authorised by the Ministry of Health to conduct stem cell transplantation. It may also take place at medical facilities that have collaboration agreements with stem cell banks or scientific and technological organisations engaged in stem cell research.

These amendments are expected to promote tissue and organ donation while ensuring humanitarian principles and practical feasibility. The supply of organs from deceased or brain-dead donors remains scarce, while the demand for organ transplants continues to rise.

Việt Nam has the highest organ transplant rate in Southeast Asia, with more than 1,000 cases per year. However, the rate of posthumous organ donation remains among the lowest in the world.

At present, there are no clear mechanisms or policies for counselling on organ donation from brain-dead or deceased donors. Only a few hospitals have established organ donation counselling teams, as there are no appropriate incentives or support policies in place. — VNS