The Ministry of Health recently announced a draft amendment to the Law on Human Organ, Tissue, and Body Part Donation and Retrieval. This proposal aims to simplify organ and tissue retrieval, addressing Vietnam's low rate of deceased organ donation, which is among the lowest globally.

Under current regulations, even with a donor card, hospitals must still seek family consent after brain death. Many families refuse, resulting in the loss of valuable organs.

Nguyen Trong Khoa, Deputy Director of the Department of Medical Examination and Treatment Management, said this proposal aims to "fully respect the donor's wishes, reduce procedural obstacles, and align with international practices."

Globally, countries like France and Belgium grant absolute authority to the deceased's wishes. Since 1/1/2017, all individuals in France are considered organ donors after death unless registered on an official "Refusal Registry."

If not registered for refusal, they are considered donors. In this case, family consent is not mandatory. Organ retrieval proceeds even with family objections, as long as the deceased is not on the refusal registry. Previously, doctors had to consult relatives, and nearly 33% of families refused, wasting potential organs, according to the Guardian.

The draft amendment also proposes allowing organ and tissue donation from those under 18, simplifying brain death diagnosis, shortening the time frame to avoid missed transplant opportunities, revising the transplant priority order, and establishing appropriate financial mechanisms and policies.

Regarding the transplant priority order, the draft suggests emergency cases as the top priority, followed by children, patients awaiting transplants at the facility where the donation occurs, those who have previously donated organs or their immediate family members, and then the first person on the National Coordination Center's waiting list.

This change resolves the conflict between the current Donation and Transplantation Law (prioritizing children) and the amended Law on Medical Examination and Treatment (prioritizing emergency cases). Children can wait 1-2 years for a transplant, while emergency cases can only wait a few hours.

Financially, the draft links organ transplantation with health insurance and the state budget to ensure fairness and transparency. The law also stipulates protection for donors and their families, respecting voluntary decisions, ensuring information confidentiality, and preventing commercialization.

Doctors at Viet Duc Hospital perform an organ transplant. Photo: *Hospital provided*

Deputy Minister of Health Tran Van Thuan said Vietnam has performed over 9,500 organ transplants and developed a network of nearly 30 facilities with the necessary technical capacity. Vietnamese doctors have gradually mastered complex transplant techniques such as simultaneous heart-liver, trachea, and lung transplants.

The current law was passed by the National Assembly in 2006. However, after nearly two decades, it has revealed shortcomings and hasn't kept pace with the field's development. The amendment aims to create mechanisms, increase the supply of valuable organs, and save many patients awaiting transplants, Thuan noted.

Le Nga