Can prisoners exercise their right to donate sperm in Vietnam?
In Vietnam, can prisoners exercise their right to donate sperm? In Vietnam, how are the regulations on sperm donation and oocyte donation regulated? My brother, who is 30 years old this year, was previously a gentle person with everyone, but because he was seduced by friends, gambled and drugged, he had to go to prison. But before my brother entered the criminal path, he registered to donate sperm and the time to do so was when he served his prison sentence. May I ask if my brother can exercise this right to donate sperm? Thank you!
<subquestion>In Vietnam, can prisoners exercise their right to donate sperm?</subquestion>
Pursuant to Article 6 of the Law on donation, collection, transplantation of human body tissues and organs and body donation 2006 stipulates the right to donate and receive sperm, ovum and embryo in artificial insemination as follows:
1. Men aged full twenty years or older, women aged full eighteen years or older with full civil act capacity have the right to donate and receive sperm, ovules and embryos in artificial insemination in accordance with the provisions of law. the law.
2. The donation and receipt of sperm, ovum and embryo in artificial insemination must comply with the Government's regulations.
Pursuant to Article 11 of the Law on prohibited acts as follows:
1. Stealing human tissues and organs; steal the body.
2. Forcing other people to donate tissues or organs or to take tissues and organs from people who do not voluntarily donate.
3. Buying and selling human tissues and organs; buy and sell corpses.
4. Taking, grafting, using and storing human tissues and organs for commercial purposes.
5. Taking tissues and organs from living people under the age of eighteen.
6. Transplanting tissues and organs of the infected person according to the list prescribed by the Minister of Health.
7. Transplantation of sperm, ovum and embryos between people of the same direct blood line and between persons of the opposite sex having the same surname within three generations.
8. Advertising, brokering the donation and receipt of human organs for commercial purposes.
9. Disclosing information and secrets about the donor and the transplant recipient against the law.
10. Abusing positions and powers to falsify results of brain death determination.
Pursuant to Point e, Clause 1, Article 27 of the Law on Criminal Judgment Execution 2019 stipulates the rights of inmates as follows:
e) To perform civil transactions on their own or through a representative in accordance with law;
Accordingly, Vietnamese law does not prohibit prisoners from donating sperm and inmates are entitled to perform civil transactions. As such, you are eligible to exercise your right to donate sperm once registered.
<subquestion>In Vietnam, what are the regulations on sperm donation and oocyte donation?</subquestion>
Pursuant to Article 4 of Decree 10/2015/ND-CP stipulating the donation of sperm and ovum as follows:
1. Sperm and oocyte donors are examined and tested to determine: There is no genetic disease affecting the next generation; not suffering from a mental illness or another disease that makes them unable to perceive or control their behavior; not infected with HIV.
2. Voluntarily donating sperm and ovum and only at a medical examination and treatment facility recognized by the Ministry of Health that can perform in vitro fertilization techniques.
3. Medical examination and treatment establishments may not provide the name, age, address and image of the sperm donor.
4. The donor's sperm and ovum can only be used for one person. If the donor fails to give birth, it can be used for another person. In case of successful childbirth, unused sperm and ovum must be destroyed or donated to a scientific research facility.
