Chapter III

DONATION, REMOVAL OF DECEASED DONOR TISSUES AND ORGANS, AND DONATION AND RECOVERY OF CADAVERS

SECTION 1. REGISTRATION OF DONATION OF DECEASED DONOR TISSUES AND ORGANS AND DONATION OF CADAVERS

Article 18.- Procedures for registration of donation of deceased donor tissues and organs

1. Persons who meet all conditions specified in Article 5 of this Law are entitled to express their wish to donate their tissues or organs after their death to a medical establishment.

2. When receiving information from a person who wishes to donate his/her tissues or organs after his/her death, a medical establishment shall notify the National Coordination Center for Human Organ Transplantation.

3. When receiving a notice on a case of human tissue or organ donation, the National Coordination Center for Human Organ Transplantation shall notify a medical establishment defined in Article 16 of this Law for carrying out donation registration procedures for the donor.

4. When receiving the notice of the National Coordination Center for Human Organ Transplantation, a medical establishment defined in Article 16 of this Law shall:

a/ Directly meet the donor to give counseling on human tissue and organ transplantation and removal;

b/ Instruct the donation registration according to a set form; conduct a health check of the donor;

c/ Issue a card of registration of donation of deceased donor tissues and organs to the donor;

d/ Report the list of registered donors who have been granted a card of donation of deceased donor tissues and organs to the National Coordination Center for Human Organ Transplantation.

5. Registration of donation of deceased donor tissues or organs becomes effective on the date the registrant is issued a donation registration card.

6. The Minister of Health shall prescribe the form of registration of donation of deceased donor tissues and organs; counseling for and health checks of persons who will donor their tissues or organs after death.

Article 19.- Procedures for registration of cadaver donation

1. Persons who meet all conditions specified in Article 5 of this Law are entitled to express their wish to donate their cadavers to a medical establishment.

2. When receiving information from a person who wishes to donate his/her cadaver, a medical establishment shall notify an establishment engaged in cadaver recovery and preservation defined in Article 23 of this Law.

3. When receiving a notice on a case of cadaver donation, an establishment engaged in cadaver recovery and preservation shall:

a/ Directly meet the donor to give counseling on cadaver donation;

b/ Instruct the donation registration according to a set form;

c/ Issue a card of registration of cadaver donation to the donor;

4. Registration of cadaver donation becomes effective on the date the registrant is issued a cadaver donation registration certificate.

5. The Minister of Health shall prescribe the form of registration of cadaver donation and the counseling on cadaver donation.

Article 20.- Procedures for modification or cancellation of applications for registration of donation of deceased donor tissues and organs or donation of cadavers

1. When wishing to modify or cancel his/her application for registration of donation of deceased donor tissues or organs or cadaver donation, the registered person shall send a written request for modification or cancellation to a medical establishment or an establishment engaged in cadaver recovery and preservation that has received his/her application.

2. The medical establishment or establishment engaged in cadaver recovery and preservation mentioned in Clause 1 of this Article shall:

a/ Receive the written request for modification or cancellation of registration of donation of deceased donor tissues or organs or cadaver donation from the registered donor.

b/ Re-issue a card of registration of donation of deceased donor tissues or organs or cadaver donation to the registered donor or withdraw the card from the registered donor who has been issued such card;

c/ Within two working days after receiving the written request, notify the National Coordination Center for Organ Transplantation of the modification or cancellation of the applications for registration of donation of deceased donor tissues or organs.

3. Modification or cancellation of an application for registration of donation of deceased donor tissues or organs or cadaver donation becomes effective from the time the medical establishment or the establishment engaged in cadaver recovery and preservation receives the written request for modification or cancellation of the registration application.

4. The Minister of Health shall prescribe the form of request for modification or cancellation of the application for registration of donation of deceased donor tissues or organs or cadaver donation.

SECTION 2. REMOVAL OF DECEASED DONOR TISSUES OR ORGANS, RECOVERY OF CADAVERS

Article 21.- Removal of deceased donor tissues or organs

1. Only medical establishments defined in Article 16 of this Law may remove tissues and organs from deceased donors.

2. Removal of tissues and organs from deceased donors may be carried out in the following cases:

a/ The deceased donor has a card of registration of donation of deceased donor tissues or organs;

b/ The deceased donor has a card of registration of donation of deceased donor tissues or organs and has been declared brain-dead under the provisions of Clause 5, Article 27 of this Law;

c/ In case of having no card of registration of donation of deceased donor tissues or organs, written consent of the father, mother, guardian, spouse or adult child of the deceased donor is required.

Article 22.- Conditions for cadaver recovery

1. Only medical establishments engaged in recovery and preservation of donor cadaver defined in Article 23 of this Law may recover cadavers.

2. The recovery of cadavers may be conducted in the following cases:

a/ The deceased has a card of registration of donation of his/her cadaver;

b/ In case the deceased has no card of registration of donation of his/her cadaver, written consent of the father, mother, guardian, spouse or adult child of the deceased donor is required;

c/ The deceased's last residence is unknown but there is a death certificate issued by the People's Committee of the commune, ward or township where the person dies.

Article 23.- Conditions for establishments engaged in recovery and preservation of donor cadavers

Establishments engaged in recovery and preservation of donor cadavers are medical research and training institutions that have adequate conditions on material foundations for cadaver preservation, equipment, facilities, personnel and a memorial room according to the Health Minister's regulations.

Article 24.- Responsibilities of medical establishments and establishments engaged in recovery and preservation of donor cadavers in removing deceased donor tissues and organs or recovering cadavers.

1. Medical establishments and establishments engaged in recovery and preservation of donor cadavers have the following responsibilities:

a/ To visit the places where cadavers exist to remove organs from or recover cadavers;

b/ To collaborate with deceased donors' families in holding memorial services for the deceased;

c/ Restoring the appearance of cadavers after removing organs therefrom or no longer needing to use cadavers;

d/ Organizing burial services for cadavers which are no longer needed for use.

2. Expenses for organizing memorial and burial services for donor cadavers shall be borne by the state budget according to the Health Minister's regulations.

Article 25.- Honoring of deceased donors for donation of their organs or cadavers

Deceased donors of organs or cadavers shall be posthumously awarded a For the People's Health medal according to the Health Minister's regulations.

SECTION 3. DEATH BRAIN

Article 26.- Purposes of and conditions for determining brain death

1. Brain death determination is a legal ground for removing tissues or organs from persons with cards of registration of donation of deceased donor tissues or organs.

2. Conditions for brain death determination include:

a/ Satisfying all indicators of brain death according to Articles 28 and 29 of this Law;

b/ Three professionals defined in Clause 3, Article 27 of this Law have personally conducted examination and conclusion on brain death;

c/ Brain death diagnosis may be conducted only at a medical establishment with an intensive care unit, ventilators, breath and blood analyzers and other conditions as specified in Article 16 of this Law.

Article 27.- Procedures and competence to determine brain death

1. Heads of medical establishments defined at Point c, Clause 2, Article 26 of this Law shall issue decisions approving lists of professionals to participate in brain death determination.

2. Professionals in brain death determination are those in the following fields:

a/ Intensive care;

b/ Neurology or neurosurgery;

c/ Forensic examination.

3. For brain death determination, the head of a medical establishment defined in Clause 1 of this Article shall appoint a group of three professionals on the list of professionals participating in brain death determination in the three fields specified in Clause 2 of this Article. The physician who will personally participate in tissue or organ transplantation and the physician who is personally attending to the brain-dead person may not participate in the group of professionals for brain death determination.

4. Brain death conclusions by the group of brain death determination professionals may be publicized only after there are written brain death conclusions of all three members.

Members of the group of brain death determination professionals shall take responsibility before law for the scientificity and accuracy of their brain death conclusions.

5. The head of the medical establishment defined in Clause 1 of this Article shall publicize in writing brain death conclusions.

Article 28.- Clinical criteria and time criteria for brain death determination

1. Clinical criteria for brain death determination include:

a/ Coma (the score of 3 on the Glasgow coma scale);

b/ Fixed pupil (the pupil's diameter dilated to both sides over 4 mm);

c/ No pupillary reflex to light;

d/ No corneal reflex;

e/ No cough response to stimulation of bronchi;

f/ No deviation of the eyes to irrigation of each ear with 50 ml of cold water;

g/ Loss of the breathing ability when the ventilator is disconnected.

2. The time criterion for brain death determination is that conclusion on brain death can be made only at least 12 hours after the moment all clinical criteria specified in Clause 1 of this Article are satisfied and no recovery is observed.

3. The Ministry of Health shall specify cases where the clinical criteria specified in Clause 1 of this Article are not applicable to death brain determination.

Article 29.- Subclinical criteria for determining brain death

1. In order to identify subclinical criteria for determining brain death, one of the following professional techniques shall be used:

a/ Electroencephalogram (EEG);

b/ Computed tomography scanning;

c/ Transcranial Doppler ultrasonography;

d/ X-ray of brain arteries;

e/ Nuclear brain scanning.

2. The Minister of Health shall specify subclinical criteria for determining brain death and the application of professional techniques mentioned in Clause 1 of this Article.