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Vietnam proposes allowing minors to donate organs after death

Vietnam's Health Ministry has proposed allowing people under 18 to donate organs and their bodies after death, provided written consent is obtained from a legal guardian.

The proposal is included in a draft revision to the Law on Donation, Removal and Transplantation of Human Tissues and Organs and the Donation and Removal of Human Bodies, which is currently under review by the Ministry of Justice.

Vietnam proposes allowing minors to donate organs after death - 1

One case involving both organ and body donation helped save five other lives (File photo: Hospital).

According to the Ministry of Health, more than 175,000 people had registered to donate tissues and organs after death or brain death as of May 2026.

Despite growing public interest, organ transplantation rates in Vietnam remain low compared with many countries. Living donors account for 91.4 per cent of all transplants, while donations from brain dead donors remain limited.

The ministry estimates that demand for organ transplants is substantial, with around 8,000 to 9,000 patients requiring kidney transplants, 10,000 needing liver transplants and about 1,000 awaiting heart transplants among Vietnam's population of approximately 100 million.

"The shortage of transplantable organs has created a significant imbalance between supply and demand, contributing to illegal organ trading and preventing the effective use of potential donations from deceased donors," the ministry said in explanatory documents accompanying the draft law.

Health officials noted that many families have expressed a wish to donate the organs or tissues of relatives after circulatory death, but current legislation does not permit such donations.

The ministry argued that, from a medical perspective, both brain death and circulatory death are irreversible conditions and should be recognised as potential sources of organ donation.

Under the proposed legislation, individuals aged 18 and above would continue to be allowed to donate tissues while alive.

Those aged between 15 and 17 would be permitted to donate tissue while living with written consent from a legal representative or guardian, except in cases involving blood and blood component donation.

Blood donors would be required to be between 18 and 65 years old.

The draft law would maintain the requirement that living organ donors for family members must be at least 18 years old.

For donations to recipients outside the donor's immediate family, the minimum age would remain 25.

One of the most significant proposed changes would allow individuals under 18 to register the donation of their organs, tissues or bodies after death, subject to written approval from a legal representative or guardian.

Vietnam proposes allowing minors to donate organs after death - 2

Doctors bow their heads in tribute to an organ donor (Photo: Hospital).

The Ministry of Health said the proposal is consistent with existing legal principles, could expand the donor pool and would deliver social and economic benefits to both the public and the healthcare system.

The draft law also proposes retaining provisions allowing organ and tissue retrieval from people declared brain dead, while adding new provisions permitting retrieval following confirmed circulatory death.

The revised law is expected to be submitted to the 16th National Assembly for consideration and approval during its second session.

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