In recent years, cases of individuals attempting to sell their organs—especially kidneys—have drawn significant public attention in Vietnam. While some people claim it is their body and they should have the right to make such decisions, the legal system strongly disagrees. In Vietnam, the voluntary sale of kidneys (or any human organ) is strictly prohibited by law, regardless of consent or motive. This article explores the legal framework surrounding this issue, the rationale behind the ban, and the potential consequences for those involved.
1. Legal Framework: Organ Donation vs. Organ Trading
Vietnamese law permits organ donation but prohibits organ trade in any form.
The key legal documents include:
– Law on Donation, Removal, and Transplantation of Human Tissues and Organs and Donation of Cadavers (2006);
– Penal Code 2015 (amended 2017);
– Relevant decrees and circulars on medical practice and human organ transplant procedures.
Article 5 of the 2006 Law clearly stipulates:
“The donation of human tissues and organs must be done on a voluntary basis, without compensation of any kind.”
This means that while a living person may voluntarily donate an organ such as a kidney (typically to a relative or in very limited cases to an unrelated person), they cannot receive any material or financial benefit in exchange for doing so.
2. Criminal Liability for Organ Selling
Under Article 154 of the Penal Code, the purchase or sale of human tissues and organs is a criminal offense. The law criminalizes the act of:
– Selling or buying human organs;
– Acting as a broker or middleman for such transactions;
– Transporting or storing human organs for commercial purposes;
– Abusing a position of trust or influence to facilitate illegal transplants.
Violators may face:
– Imprisonment of 3 to 7 years for basic offenses;
– Up to 15 years in aggravated cases, such as organized crime, involving multiple victims, or cross-border organ trading;
– Fines up to VND 100 million or more;
– Prohibition from holding certain positions or practicing certain professions.
Importantly, even if a person “voluntarily” agrees to sell a kidney, both the seller and the buyer may be prosecuted, as consent does not negate the illegality of the act.
3. Why Does the Law Prohibit Selling Organs?
Vietnamese law reflects global standards guided by ethics and public health concerns. The ban is grounded in several principles:
a. Human Dignity
The human body must not be treated as a commodity. Allowing organ sales may lead to the exploitation of the poor or desperate individuals.
b. Health and Safety
Organ trading often occurs outside formal medical systems, raising risks of unsafe procedures, lack of follow-up care, and serious health consequences for both donor and recipient.
c. Preventing Organ Trafficking
Prohibiting all forms of compensation helps to suppress black markets and transnational human organ trafficking networks.
4. What About Donation Between Strangers?
Organ donation is legally allowed, but typically:
– Must be voluntary, unpaid, and approved by a hospital ethics council;
– Requires psychological assessment to ensure no coercion or hidden financial agreement;
– Is restricted to certain hospitals licensed to perform transplants.
In cases where unrelated individuals donate organs, authorities are particularly cautious due to the high risk of disguised organ trading.
5. Practical Consequences and Recent Trends
Despite the legal ban, there have been reported cases of underground kidney trade in Vietnam, involving:
– Brokers recruiting vulnerable individuals via social media or word-of-mouth;
– Forged documents claiming false family ties;
– Secret arrangements made to avoid legal scrutiny.
Law enforcement has increasingly cracked down on such networks, and public hospitals have been instructed to tighten screening procedures.
Conclusion
Under Vietnamese law, voluntarily selling a kidney—regardless of the seller’s intention or financial situation—is illegal and punishable by criminal sanctions. The legal system prioritizes ethical organ donation while strictly prohibiting any commercial transaction involving human organs. Businesses, healthcare professionals, and individuals must all be aware of the legal risks and ethical responsibilities involved.
If you’re considering organ donation or are approached about selling or buying an organ, seek legal and medical advice from licensed professionals—because the law is clear: the human body is not for sale.
————————————————-
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
TTT