Not allowed to store eggs and sperm

ANH HUY |

The Law on Enforcement of Criminal Judgments (amended) stipulates that prisoners are allowed to donate tissues and body parts, but does not stipulate the right to store eggs and sperm.

On the afternoon of December 10, with the majority of delegates participating in the vote, the National Assembly passed the draft law on Enforcement of Criminal Judgments (amended). This Law takes effect from July 1, 2026.

Notably, the amended Law has just been passed, regulating the rights of prisoners. One of these is to donate tissues and organs; enjoy the regime and policies according to the provisions of the law on donating human tissues and organs.

During the law making process, some opinions agreed with the above regulation, but proposed to add strict conditions in the direction that prisoners are only allowed to donate tissues and body parts to relatives; only applicable to prisoners who commit crimes of less seriousness; the remaining execution time is short.

The National Assembly Standing Committee said that the addition of prisoners' rights to donate tissues and organs is a major policy, demonstrating the humanity of the law, creating conditions for prisoners to show their generosity, guidance and have the opportunity to help their own relatives.

To ensure strictness, the law stipulates that prisoners can only exercise this right when they meet all the following conditions: voluntary; donate to loved ones; meet health conditions to continue serving sentences after donation; bear related costs; are sentenced to a less serious crime.

Notably, there are opinions in favor of allowing prisoners to store eggs and sperm. On the contrary, many opinions suggest consideration.

According to the National Assembly Standing Committee, if we add a regulation allowing prisoners to store eggs and sperm, it will require a huge amount of resources, requiring a lot of expertise, medical techniques and detention management, which is difficult to do.

Therefore, the law does not stipulate the above content, and at the same time recommends that the Government carefully study and propose at an appropriate time.

Regarding the organization of labor for prisoners in Article 29 of the draft law, many opinions agreed with the legalization of the labor model outside the prison, and at the same time proposed strict regulations and maintaining a tax exemption policy for enterprises and units cooperating with prisoners in organizing labor activities, vocational guidance, and vocational training for prisoners.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee has directed the review and supplementation of regulations on strict conditions for organizing labor for prisoners outside of prison; specifically regulating cases where prisoners are not allowed to be brought to work areas, provide vocational training, and teach outside of prison in Clause 4, Article 29 of the draft law.

At the same time, the National Assembly Standing Committee agreed with the Government to direct the addition of Article 178 in Chapter XV on the implementation provisions, regulating the amendment and supplementation of Clause 6, Article 4 of the Law on Corporate Income Tax.

Accordingly, additional activities of labor organization, career guidance, and vocational training for prisoners with tax-exempt income are included.

In addition, in order to promote judicial reform and digital transformation, regulations on the procedures for enforcement of judgments, reducing, exempting or postponing enforcement of judgments have been revised in the direction of shortening the settlement period of the Court and competent authorities.

ANH HUY
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