The Ministry of Justice has published appraisal documents for policy proposals related to the amended Law on Donation, Removal and Transplantation of Human Tissues and Organs, and Donation and Removal of Human Bodies. The draft legislation is being prepared by the Ministry of Health.

According to the Ministry of Health, as of May 2026, more than 175,000 people nationwide had registered to donate tissues and organs after death or brain death. However, the number of organ transplants performed in Vietnam remains low compared with many countries. Living donors account for 91.4% of all transplant cases, while the number of transplants from deceased donors remains limited.

At the same time, demand for organ transplants in Vietnam remains substantial. An estimated 8,000 to 9,000 people require kidney transplants, around 10,000 need liver transplants, and approximately 1,000 require heart transplants among a population of about 100 million.

The shortage of transplantable organs has created a significant imbalance between supply and demand, contributing to illegal black-market organ trading and leading to numerous personal tragedies for sellers. It has also prevented the country from fully utilizing the potential donor pool from brain-dead individuals.

The drafting agency said the proposed law introduces new policies governing eligibility conditions for living tissue and organ donors, including adjustments to donor age requirements.

The Ministry of Health proposes separating age requirements for tissue donors and organ donors. A general condition would require donors to be in good health and possess full civil legal capacity.

Individuals aged 18 and older would be permitted to donate their tissues while alive. Those aged between 15 and under 18 could donate tissues with written consent from a legal representative or lawful guardian, except in cases involving blood or blood component donation.

Blood and blood component donors must be between 18 and under 65 years of age.

Living organ donors providing organs to family members must be at least 18 years old. Those donating organs to non-family members must be at least 25 years old.

According to the Ministry of Health, these provisions are consistent with Vietnam's existing legal framework, would help expand the tissue donor pool and address a range of socio-economic and healthcare issues related to post-donation care. The ministry also said the proposal aligns with practical realities and international standards governing blood donation age requirements.

Proposal to expand eligibility for posthumous donations

Regarding posthumous donation of tissues and organs, the Ministry of Health proposes allowing individuals under 18 to donate their tissues, organs or bodies after death, provided written consent is obtained from a legal representative or lawful guardian.

The drafting agency described this as the most appropriate solution, noting that it is consistent with existing legislation, would increase donor numbers, help address various socio-economic challenges, and has received strong public support.

At the same time, the ministry has recommended expanding the categories of eligible deceased donors. Specifically, it proposes retaining current regulations allowing tissue and organ retrieval from individuals declared brain dead while adding provisions permitting organ and tissue retrieval from individuals declared dead based on circulatory criteria.

Explaining the proposal, the Ministry of Health said the current prohibition on retrieving tissues and organs from circulatory-death donors has significantly limited the supply available for transplantation. It has also prevented many individuals and families from fulfilling their wishes to donate.

From a medical perspective, the ministry noted, both brain death and circulatory death are irreversible conditions from which patients cannot recover.

Tran Thuong