Chương IX Nghị định 155/2018/NĐ-CP: Lĩnh vực sức khỏe sinh sản

Chapter IX

REPRODUCTIVE HEALTH

Article 18. Annulment of some Articles on reproductive health

1. Annul Article 7 of the Government’s Decree No. 88/2008/ND-CP dated August 05, 2008 on sex reassignment.

2. Annul Clause 1, Article 1 of the Government's Decree No. 98/2016/ND-CP dated July 01, 2016 on amendments to some Articles of the Government’s Decree No. 10/2015/ND-CP dated January 28, 2015 on giving birth through in vitro fertilization and conditions for altruistic gestational surrogacy.

3. Annul Circular No. 29/2010/TT-BYT dated May 24, 2010 on guiding some Articles of the Government’s Decree No. 88/2008/ND-CP dated August 05, 2008 on sex reassignment.

Article 19. Amendments to some Articles on reproductive health

1. Amendments to the Government’s Decree No. 88/2008/ND-CP dated August 05, 2008 as follows:

a. Article 8 is amended as follows:

“Article 8. Requirements for health facilities to be licensed to conduct medical intervention for sex reassignment

A health facility will be licensed to conduct medical intervention for sex reassignment if it satisfies the following requirements:

1. Be a public general or specialized hospital which has departments of surgery, obstetrics and pediatrics and is located in a province or a central-affiliated city, or a private hospital which has departments of surgery, obstetrics and pediatrics.

2. Its practice scope of medical intervention for sex reassignment is approved a competent authority.”

b. Article 10 is amended as follows:

“Health facilities which have conducted medical interventions for sex reassignment shall issue the medical certificates for persons who have received medical interventions."

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

a. Clause 2, Article 7 is amended as follows:

“2. Medical facilities, equipment and personnel performing in vitro fertilization shall include:

a. Facilities:

- Have an intensive care unit.

- Conduct reproductive endocrinology tests.

- Have a unit performing in vitro fertilization and include the following sections: oocyte retrieval; sperm collection; vitro culture; sperm testing and washing; such sections must satisfy the standards established by WHO.

b. Medical equipment:

Have at least 02 CO­2 incubators; 02 ovens for heat sterilizing; 01 sperm tank; 01 centrifuge; 01 embryo cryopreservation tank; 01 vagina ultrasound machine; 01 inverted microscope; 02 stereo zoom microscopes; 01 laminar flow cabinet.

c. Personnel:

The technicians directly perform in vitro fertilization shall satisfy the following requirements:

- There must be 02 doctors who are trained in performing in vitro fertilization and 02 employees who have bachelor's degrees in medicine, pharmacy or biology and are trained in clinical embryology.

- 02 clinical doctors must have practice certificates according to the Law on Medical Examination and Treatment.

- Employees must have qualifications or certificates of training in in vitro fertilization. Such certificates or qualifications must be granted by a domestic or foreign training institution.

- The employees must be confirmed in writing that they have provided fertility treatment by using in vitro fertilization technology for at least 20 periods. Such written confirmation must be issued by the Ministry of Health.

b. Amend form No. 02 (Appraisal Document) of the laboratory eligible for performing in vitro fertilization and storing sperm and eggs. Such form is enclosed with the Government’s Decree No. 10/2015/ND-CP dated January 28, 2015.