Hanoi (AsiaNews) – A survey on human organ and tissue donation, directed at primary and lower secondary school students, has sparked a wave of protest in Vietnam.
At the heart of the controversy is a proposed reform of the transplant law to allow minors to donate tissue under certain circumstances; however, the issue lies in the methods the authorities chose for gathering the children's opinions.
The initiative, promoted by the Ministry of Health in cooperation with the Vietnam Association for the Protection of Children’s Rights and the Central Committee of the Ho Chi Minh Communist Youth Union, was launched on 12 October.
In the days that followed, numerous schools received instructions to distribute the questionnaire to their students.
A notice from the Ho Chi Minh City Young Pioneer Council, circulated on social media on 22 October, set 25 October as the deadline for participation, urging schools to ensure 100 per cent pupil participation.
The instructions specified that the children were to answer on their own, without any intervention or assistance from their teachers.
Questions regarding donation and consent by minors
The questionnaire asked participants to provide their full name, gender, year of birth, ethnicity, place of residence, and level of education. It then requested their opinion on several provisions included in the reform, with the options: “reasonable,” “unreasonable,” or “other”.
Among the scenarios presented to the students was the possibility for individuals aged 15 to 17 to donate regenerative tissues to family members, and for those under 15 to make similar donations exclusively to their parents, brothers, or sisters.
The phrasing of the question regarding the donation of tissues and organs following brain or circulatory death was particularly controversial. In this case, the options provided did not explicitly include a refusal; children who opposed the idea of donating could only express their objection by selecting "other" as their answer.
Furthermore, the questionnaire introduced the topic by highlighting that organs and tissues from minors are especially well-suited for paediatric transplants and could offer other children a chance at survival.
Parental outcry on social media
The way the initiative was undertaken sparked strong reactions on social media. Many users interpreted the survey as an attempt to obtain consent from children without adequately involving their families.
Some parents questioned whether young children are capable of grasping complex concepts such as brain death, circulatory death, and the implications of organ donation.
Others pointed to a lack of clear information regarding the collection of personal data, the purpose of the questionnaire, and the safeguards in place to protect participants.
On 21 October, Minister of Health Đào Hồng Lan presented the draft law to the National Assembly. Currently, Vietnamese law only permits the donation of tissues and organs by individuals who have reached the age of 18.
The proposal introduces limited exceptions for minors. In the case of living donations, only regenerative tissues, such as haematopoietic stem cells, would be permitted, and these could only be donated to family members, provided that no suitable adult donor is available.
Furthermore, a counselling process would be required, along with consent from both the minor and their legal representative.
The reform expressly prohibits the removal of kidneys, liver, heart, lungs, and other healthy organs from living minors.
In the case of post-mortem donation, however, the proposal requires that the minor register or express a wish to donate prior to their death, and that their parents or guardians provide their consent.
Emphasis on child protection
The National Assembly’s Committee on Culture and Society stressed that minors, especially children, require special protection and that any objection raised by them must always take precedence.
The Committee also pointed to potential psychological and social consequences associated with registering minors as donors, recommending extreme caution in cases where death occurs under unknown circumstances or involves possible signs of violence or abuse.
Today, the Ministry of Health defended the proposal, acknowledging that concerns regarding the trafficking of human organs and tissues are legitimate. According to the ministry, the objective is not to encourage donations by children, but rather to establish a rigorous legal framework.
Nevertheless, the statement failed to clarify why the survey requested detailed personal information, how the collected data would be used, and why all pupils had to be involved.
