A government survey asking students about organ donation has drawn backlash from parents, prompting the health ministry to defend its proposed legal draft.
The Latest: On Oct. 23, the Health Ministry issued a statement regarding the draft amended Law on Donation, Removal, and Transplantation of Human Tissues and Body Parts and the Donation and Removal of Bodies.
- The statement was released after a survey of children concerning the draft law sparked controversy on social media.
Official Statement: The Health Ministry’s statement addressed concerns about the risk of trafficking in human tissues and body parts, including those from children, describing it as “a legitimate concern.”
- According to the drafting committee, the draft “does not encourage donation by children but aims to establish a strict legal framework.”
For living individuals under 18, the draft allows only the donation of regenerative tissue, such as blood-forming stem cells, to treat relatives when no suitable adult donor is available.
- The statement notes that the draft “continues to strictly prohibit taking kidneys, livers, hearts, lungs, or any other healthy body part from living people under 18.”
- Furthermore, removing tissues and organs after death would be considered only when an independent medical council has determined that the child is brain dead or circulatory dead, and the child “had registered or expressed a wish to donate before death, and their parents or guardians consent.”
However, the statement failed to mention the survey—carried out by the Health Ministry’s Department of Maternal and Child Health, in coordination with the Central Committee of the Communist Youth Union—as Luật Khoa reported.
- The ministry did not explain why the survey required children to give their full name, year of birth, and ethnicity; why there was a target of “100% of children” taking part; or how the data would be used.
From Concerned Parents: A primary concern is that children are not mature enough to answer the survey, while the parents themselves were never asked.
On Oct. 22, the Threads account phuong_t*** wrote: “As a father, I cannot stay silent about an organ donation survey for children as young as 7! I have a child in primary school. […] If a child has never expressed a wish to donate tissues or body parts while alive, on what basis can anyone determine that a representative’s consent reflects the child’s interests and wishes? How much can a 7-year-old understand about such complex legal, medical, and ethical options? Who assessed whether these questions were suitable for each age group?”
- The post drew more than 2,000 likes and 200 reposts within a day.
On the same day, the Facebook account Khai Tâm Rùa wrote: “Utterly reckless, with no regard for anyone. What kind of crazy era am I living in? Asking children directly, without going through their guardians—who allowed a survey of children’s opinions on such a complex issue? They lack the awareness and knowledge, and there’s no supervision or consent from parents or guardians. And what about street children and orphans?”
- The post was shared more than 3,200 times in just over a day.
The Background: Under current law, only individuals 18 and older may donate tissues and body parts.
On the morning of Oct. 21, Health Minister Đào Hồng Lan presented the draft law to the National Assembly.
- The draft proposes allowing people under 18 to donate tissues and organs in specific cases.
Prior to this presentation, beginning on Oct. 12, the Health Ministry’s Department of Maternal and Child Health—together with the Vietnam Association for the Protection of Children’s Rights and the Central Committee of the Hồ Chí Minh Communist Youth Union—asked numerous schools to gather children’s opinions on the draft.
Thành Phương wrote this news article in Vietnamese and published it in Luật Khoa Magazine on October 23, 2026. The Vietnamese Magazine translated it into English.
