RIGHT TO DONATE, RECEIVE HUMAN TISSUES AND BODY PARTS AND DONATE BODY ACCORDING TO VIENAMS CIVIL LAW REGULATUONS

Research purposes The thesis researchs a number of theoretical issues about the right to donate,recceive tissues, human body parts and donate, take bodies such as: History ofdevelopment

MINISTRY OF EDUCATION ANTRAINING MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY

DOAN THI NGOC HAI

RIGHT TO DONATE, RECEIVE HUMAN TISSUES AND BODY PARTS AND DONATE BODY ACCORDING TO VIENAMS

CIVIL LAW REGULATUONS

Maijor : Civil law and Civil Procedue Code : 938 01 03

SUMMARY OF DOCTOR OF LAW THESIS

s

Hanoi - 2024

The project was completed at Hanoi Law University

Scientific in structors: Associate Professor, PhD Bui Dang Hieu

Reviewer 1:

Reviewer 2:

Reviewer 3:

The thesis will be defended before the Academy-level Thesis Council

meeting at Hanoi Law University.

At hour day month year 20

The thesis can be found at: National Library and Hanoi Law University Library.

INTRODUCTION 1.The urgency of recearching the topic

Today, the development of science and techlology, biology, natechnology,nanotechnolofy nedicine, and anatomy in the world has been creating manyunprecedented miracles in human history, thereby making life better of pepplewitnessing and enjoying many miraculous changes In the field of medicine and publichealth care from where people can die because a certain body part is sick or dammaged,people today can be revived By being tránplanted or transplanted from outside adonared body part of another person In can be said that donating or receiving humantissues or organs or donating or taking corpses to serve humanitarian purposes andmedical development is no longer a rare phenomenon but has becaume one of the mostpopular activities espertise in the fields of medicine and anatomy That activity takesplace in every country in the world, governed by international and national legalframeworks With international law, the donation and retrieval of bodies are governed

by two aspects: Civil and political rights and rights in the field of medicine, for example,the Ỏganization The World Health Organization (WHO) adopted a Resolution on thedeve;opment of transplant activituess in 2004 Or UNNESCO itself has also establishedand agency directly related tothis field, the international Committee on BiomedicalEthics This agency also published the Universal Denlaration on Bioethcs and HumanRights, wich sets out widely accepted general human rights such as the principle of non– commercialzation of tissue, human body parts, blood tissue, cells; principles ofprotecting minnors and people protected by law; In principle, the donors con sent isrequired…In addition to the universal international legal documents mentioned above,there are also adjustments to international ducuments at the regional level such as theConvention on the Protection of Human Rights and Human Dignity in the application ofadvances medicine and biology of Aprii 4, 1997 (referred to as the OVEDOConvention) The above – mentioned adjustment of international and regional legalinstitutions clearly shows that the donation and receipt of human tissues and organs andthe donation and retrieval of corpses play a particularly important role in associationwhith the mechnism of dovelopment and ensuring ensure the impleenation of humanrights in the interrnational community

In Vietnam, the donation and receipt of human tissurs and organs and thedonation and retrieval of corpses are also regulated by a fairly developed institutionalsystem such as the Law on Donation, Removal and Transplantation odd human Tissueand Ỏgans and Donation and Retrieval of Humnan Body in 2006; 2013 Constitution;Civil Code 2015 But due to the specific nature of this field, in reality, donating andreceiving human tissues band organs and donating and retrieving corpses inconmplicared and has many diffculties Obstacles, especially the need to ensure theboundary between humanirarian purposes, developing advanced medicine and violatingthe law, commenrcializing the donation or recdeipt of human tissues or corgans.Therefore, setting up the research issue of “The right to donate receive human bodytissúe and organs and to donate and take corpses according to Vietnamesse civi law” as adoctoral thesis topic is very necessary

2 Subject and scope of research

2.1 Research subjects

(i) Opinions, research works, and legal theories related to the right to donate andreceive human tissues and organs, and to donate and retrieve corpses according to theprovisions of Vietnamese civil law

(ii) Vietnams svstem of legal documents related to the right to donate and receivehuman body tissues and organs and to donate and take corpses

(iii) Practical implementation of the law on the right to donatr and receive humantissues and organs and to donate and take corpses, on that basis, propose solutions toimprove the law on the right to donate and receive tissues and organs, human body anddonate and take the body

2.2 Research score

Regarding content: The thesis researches, analyzes and clarifies a number oftheoretical issues cbout the right to donate and receive human tissues and organs, anddonare and retrieve corpses from the perspective of human rights and moảl rights InVietnamesse civil law In addition, the analysis and assessment of the current situation ofVietnamese civil law as well as the practive of implementing the right to donate andreceive human body tissues and organs, and to donate and take corpses, aims to hughlight the inadequacies in the provisions of the law Law on this issue; is the basis forproposing solutiond to improve the law on the right to donate and rêcive human bodytissues and organs, and donete and retrieve corpses

Regarding time: The thesis researches and analyzes the right to donate andreceive human body tissues and organs and to donate and take corpses according to the

2013 Constitution, the 2015 Civil Code, the Law on Constitution, taking andtransplanting tissues and organs Human body parts and body donation and retrieval in

2006 and related legal documents Therefore, the thesis will also refer to data andjudgments related to the practice of exercising the right to donate and receive humanbody tissues and organs and to donate and take corpses

3 Reseatch pủposes and tasks

3.1 Research purposes

The thesis researchs a number of theoretical issues about the right to donate,recceive tissues, human body parts and donate, take bodies such as: History ofdevelopment of the fight to donate, receive tissues, human body pats and donate, takebodies in Vietnamese civil law; Concepts, characteristics, meaning, factorrs affectingthe exercise of the rigt to donate and receive human body tissues and organs and todonate and take corpses; Legal content on the right to donate and ceceive human bodytisues and organs and and take corpses in Vietnamese civil law

The Research purpose of the thesis topic is to clarify a number of theoreticalissues, the current sitution of civil law as well as the practive of implenenting the right todonate and receive humna body tissues and norgans, and donate and take corpses inVietnam South in recent times, On that basis, make recommendations to improve civillaw on the roght to donate and receive human body tissues and organs, and donate andtake corpses

3.2 Research mission

Firstly, analyze a number of theoretical issues such as the historical dovelopment

Vietnamese civil law; Concepts, characteristics, meaning, factors affecti g the exercise

of the right to donete and receive human body tissues and organs and to donate and takecorpses; Legal content on the right to donate and receive humna body tissues and organsand donate and take corpses in Vietnamese civil law

Second, clarify the current situation of Vietnamese civil law on the right to donate

and receive human body tissues and organs, and donate and retrieve corpses based oncomparison with the laws of some countries around the world, pointing out theadvantages Points and limitations of Vietnamese civil law on the right to donate andreceive human body tissues and organs and to donate and take corpses

Third, analyze practical implementation and proppse improvêmnt in civil law on

the right to donate and receive human body tisues and organs, and donate and takecorpses

4 Research methodology and methods

* Methodology: The thesis research will be based on the dialectical materrialism

and historical materialism methodology of Marxism Lenimism This is considered aguideline for orienting doctoral students specific research methods throughout the thesisimplementation process

* Specific research methods: based on the methodolody of Marxism – Lenimism,

during the thesis research process, PhD students will use the follwing specvific researchmethods:

Firstly, the method of analysis and commentary to clarify theoretical issues and

current civil law regulations governing the right to donate and receive human bodytissues and organs and to donate and take bodies

Second, the interview and synthesis method aims to generalize the current lagel

situation and pracctice of implementing and rêcive human body tissues and organs, and

to donate and take corpses, in order to make apprppriate recommendations

Third, the comparative method aims to point out the similarities and differences

between Vietnammese civil law and the laws of some countries around the wofld on theright to donate, receive human tissues and organs, and donate, take the body

5 New contributions of the thesis

The results of ressearching the thesis topic: “The right to donate and receivehuman body tissues and organs and to donate and retrieve corpses accprding toVietnamese civil law”, can bring the following speccific new points:

Firstly, research and point out the most ganeral features of the right to donate and

receive human body tissues and organs and to donate and take corpses In it, theappropriate and inappropriate contents of the concept of the right to donate and receivehuman body tisues and organs, and to donate and take corpses, were explained by somescholarrs Thereby building the most approriate concept on this issue At the same time,the characteristics of the right to donate and recive human body tissues and organs, aswell as to donate and take corpses, have been analyzed, which has not been conducted inany previous research project In addition, we analyze quite specifically the meaning aswell as the exercise of the roght to donate and receive human tisues and organs, and todonate and take corpses, including a completety new factor that has not yet axisted Anyproject that mentions that is an element of the development of sciencr and techlology

Second, analysze the principles of exrcising the right to donate and receive human

actual law content has not yes stipulated “principle of indifference” name andindifference of respect forr the human body”.

Third, the study of the current status of Vietnammese civil law on the right to

donate and receive human body tissues and organs, and to donate and retrieve bodies in acompletety new generar diẻction to builld a comprehendive picture of the shortcomings

of civil law Thereby, it has helped Vietnamese law makers and researchers have themost comprehensive view of the righ to donate body tissues and organs, and to donatetake bodies

Fourth, the analysis of the practical implementation of the right to donate and

receive human tissues and organs and to donate and take corpses in Vietnam is apractical demonstration of this moral right that has not yet been implemented by anyscientific worrk, Okay

Fifth, studying the legal regulations of some countries around the world in a

comparative manner will contribute to perfecting Vietnamese civil law on the right todonate and receive human body tissues and oragns, and donate and take corpses

Sixth, the thesiss assessments of legal regulations will legal regulations will help

Vietnamese law makers and researches clearly see the gaps in current civil lawregulations on the right to donate receive tissue, human bidy parts and donation andremoval of corpses Thereby contributing to perfecting civil law regulations regulatingthese personal rights

6 Theoretical and practical significance of the thesis.

The results achieved by the thesis contribute to clarifying the theoretical aspect inlegal science oh the right to donate and receive human body tissues and organs and todonate and take corpses Develop concepts, charecteristics, as well as explain theinportant meanings and factors affecting the exercise of the right to donate and receivehuman body tissues and organs and to donate and take corpses; Analyze the legal content

on the right to donate and receive human tissues and organs and donate and retrievebodiess in Vietnammese civil law, clarifying and supplementing principless forrimplementing the right to donate and receive human body tissues, orgán, and bodydonation; State managemt mechanism in donating and receiving human tissues andorgans and donating and retrieving corpses…The thesis also analyzed the current state

of cuvil law on the right to donate, receive human tissues and organs, and donate, takingbidies, prointing out inadequacies and offering solutions to improve the law on the right

to donate and receive human body tissues and organs and donate and take bodies

7 Structure of the thesis

In addition to the list of acronyms, thanks, introdution, overview of the researchsituation conclusions, list of doctoral students publíhes works related to the thesis topic,lisst of papers Roferences, appendices In the contenr section, the research réults of thethesis are presented by the PhD student with a structure of 3 chaprers:

Chapter 1: Some theoretical issus about the right to donate and receive humanbody tissues and organs and to donate and take corpses

Chapter 2: Current status of Vietnamese civil law on the right to donate andreceive human body tissues and organs and to donate and take corpses

Chapter 3: Practical implementation and recommendations to improve the law onthe right to donate and receive human body tissues and organs and ton donate and takecorpses

OVERVIEW OF RESEARCH SITUATION

1.Pullished research works related to the thesis topic

1.1 Rearch projects at home and abroad

First, scientific reccearch projects in Vietnam

Doctor of Medicine thesis “Rosearch on application of Vietnams brain deathdiagnótic standards on patients with severe traumatic brain injury” by author Pham TienQuan Hanoi Medical Univẻcity, 2017; Master of laws in Jurisprudence “Some legalaspects related to the issue of human organ donation:, authored by Hoang Thi Minh Du,Hanoi Law Univercity, 2008

Scientific topic: School – level scientific project “Personal right of individualsand protection of personal rights under civil law” of Hanoi Law Univercity author PhungTrung Tap is the project leader, year 2008; School – level scientific project “The right todonate tissues, body parts and body donation of individuals – Some thẻoetical issues” ofHanoi Law Univercity Author Phung Trung Tap is the project leader, 2011

Monograph: Book “The right to donate and take human bodies and body parts”,author Phung Trung Tap (Editor), Hanoi Publishing Hause, 2013; Book “Collectinganumber of legel documents on tisue and organ dontion, retrieval, and transplantation ofsome countries in the world and Vietnam” by Nguyen Hoang Phuc (Editor), NationalPolitical Publishing House – Truth, 2017

Scientific articla, conference proceedings: Article “Principles in donating,retrieving, transplanting tissues, human organs, and body donation” by author PhamCong Lac, Journal of law No.6/2008; Article “Vietnamese customs and practices inralation to regulations on donation, removal, transplantation of human tissues andorgans and donation and removal of corpses” by author Vu Thi Hong Yen, Jounal ofLaw No.6/2008; Article “Some inadequcies that needb tobe amended andsupplementesd in the Law on Donation, Removal and Transplantation of Human BodyOrgans and Tissues and Body Donation and Removal” by author Chan Thi Hue, Journal

of Law (No.03/2013)

Second, scientific research projects abroad

Gift Law"; Ajigboye, Mayowa Oyeniy (2018), "Law and Increasing KidneyDonation in Autralias" (2018); Won Hyun Cho (2019) "Organ donation in 2018 and anintroduction of the Korea national organ donation system"; Wolf Rommel & Hartmut H

J Schmidt (2010), "Organ transplantation in Germany – Gegal framework andorganizational manegement"; Nupur Nadir "Organ Transplantation Law in India"; Law

of the Russian Federation About organ transplantation and (or) tissues of the person; Sonya Norris "Organ Donation and Transplantation in Canada: Statistics, trends andinternational Comparisons”

1.2 Remaining problems and limitations

Firstly, scientific works can only partly solve theoretical and practicaln contents;Second, most scientific works abroad do not directly research the right to donate andreceive human tisues and organs and donate and retrieve bodies in Vietnam; Third,outstanding limittations: (i) There has not been an in – depth, comprêhnsive, sytematicstudy of the theory of the right to donate and receive human body tisues and organs, and

to donate and take bodies; (ii) There has been no in – depth analysis of the current state

of civil law on the right to donate and receive human body tissues and organs, and todonate and take corpses; (iii) Issues on practical implementation have not been deeply

explained and profiund recommendations have not been made to improve the law on theright to donate and receive human body tissues and organs, and donate and take corpses.

2 Evaluate the results of research on issues within the scope of thesis research

First, some theoretical issues about the right to donate and receive tissues andorgans of the human body and to donate and take bodues: Developmet process of theright to donate and receive tissues and organs ò the human body and to donate and takebodies in Vietnam Male Some works have also approached the development process ofthis right, but only apprpached from an introductory perspective; Concepts,characteristics, meaning and factors affecting the exercise of the right to donate andreceive human body tissues and organs and to donate and take corpses; Legal content onthe right to donate and recieve human body tissues and organs and to donate and takecorpses

On the basis of absorbing some of those works, the thesis explains thedevelopment process of the right to donate and rêcive human body tissues and orgán anddonate and take corpses in Vietnam; Some works from the perspective of scirntifictopics, dissetrations…also only rafer to the concept on the basis of real law regulatingthis personal right; At the some time, there is no scientific work that analyzes thecharacteristics and meaning of recording the right to donate and receive human bodytissues and organs, and to donate and take corpses

Second, the current state, of civil law on the right to donate and receive human

tissues and organs and to donate and take bodies: General provisions of the lawgoverning the right to donate and receive human tissues and organs and to donate andtake bodies body; Regulations for agennizations supporting the implementation of theright to donate and receive human body tissues and organs and to donate and takecorpses; Regulations on the order of exercising the right to donate and receive humanbody tissues and organs and to donate and take corpses

The thesis analyzes the current situation of general regulations on the right todonate and receive human body tissues and organs, and to donate and take corpses from

a number of scientific works as citad above However, the thisis researches and explainsfrom a deeper, more comprehensive the inadequacies of civil law regarding the right todonate and rêcive human body tissues and organs, and to donate and take corpses, andcompare with legal systems of some countries ảound the world to see the overall picture

of the limitations of this content; The thesis has deeply researched the law of a number ofcountríe, and on that basis analyzed the inadequacies of Vietnamese civil law regardingthis content in implementing rights; Baeses on the póituve law, whuch is the law onDonation, taking and transplanting human body tissues and taking corpses and a number

of scientific works summazized above The thesis analyzes the inadequacies of civil lawregarding the order of implementing the right to donatr and receive human body tissuesand orgán, and to donate and retrieve corses, which is the basic for proposingrecommendations for improvement in chapter 3

Third, practical implementation and recommendations to improve the law on the

right to donate and receive human tissues and organs and donate and take corpses: (i) Forpractical implementation of the right to donate and receive tissues and organs humanbodies and donating bodies, the thesis has analyzed: Practine of implementing generalprovissionss of civil law regulating the right to donate and receive human body tissues

and organs and donating and retrieving bodies; Practice of implementing regulations onagencies and organizations supporting the implementation of the right to donate andreceive huamn body tissues and organs, and to donate and retrieve corses; Practicalimplementation of regulations on the order of exercising the right to donate and receivehuman body tissues and organs and to doane and take corpses; (ii) For solutions toimprove the law on the right to donate and receive human body tissues and organs and todonate and take corpses On tha basis of absorbing the scientific works cited above, thethiesic proposes recommendations to improve the to donate án receive human bodytissues and organs, and donate and retrieve corpses in Vietnam in the near future,including proudbeaking, completely naw recommendations that have not beenmentioned in any scintific work

3.System of issues within the research content of the thesis

Firstly, some theoretical issues about the right to donate and receive tissues and

ỏgans of the human body and donate and take corpses: The thesis focuses on researchingthe development process based on the results of codification of the right to donate andreceive tissues, human body parts and donation, taking corpses; Research the concept ofcharacteristics, meaning and factors affecting the exercise of the right to donate andreceive human body tissues and organs, and donate and take corpses; At the same,analyze the lagal of the right to donate and retrieve corpses in Vietnamese civil law

Second, the current state of civil law on the right to doante and receive humanbody tissues and organs and to donate and take corpses: The thesis analyzes and clarifiesthe general inadequacies of civil law on the right to donate and receive tissues and organshuman body parts and body donation and retrieval; Explain and compare with foreignlaws to highlight the inadequacies of Vietnamese law in regulating commnon issues ofthe right to donate and receive human body tissues and organs, and donate and takecorpses The thesis analyzes the provisions of civil law on the order of exercising theright to donate and receive human body tissues and organs, and to donate and retrievecorpses, pointing out and explaing the inadequacies of the law Edit thí content

Thỉd, practicsl implementation and recommendations to impreve the law on theright to donate and rêcive human tissues and organs and donate and take corpses: (i) Forpractical umplementation of the right to donate and receive tissues and organs humanbodies and donating and retrieving bodies, the thesis has analyzwd: Practice ofimplementing general provisions of civil law regulating the roght to donate and receivehuman body tissues and organs án donating and retriving bodies; Practice ofimplementing regulations, regulations on agencies and organizations supporting theimplementation of the right to donate and receive human body tissues and organs, and todonate and retrieve corpses; Practical implementation of regulations on the order ofexerciting the right to donate and receive human exercising the right to donate andreceive human body tissues and organs and to donate and take corpses; (ii) For solutions

to improve the law on the roght to donate and recaive human body tissues and organs,and donate and take corpses The raocmmeendations in the scientific works that thethesis references above are only smaill in nature, do not delave into specificexplanations, and do not have a long – tẻm vision Especially since the 2015 civil Codewas passes and took legal effct, replacing the 2005 Civil Code, a number of projects thathave been appreaches and prosed for completion are preliminary and genẻal nature

CHAPTER 1 SOME THẺOETICAL ISSUES ABOUT THE RIGHT TO DONATE RECEIVE HUMAN TISSUES AND BODY PARTS AND DONATE AND

RECEIVE BODIED 1.1.History of development of the right to donate and receive human body tissues and organs and donate and take corpses in Vietnamese civil law

Before 1989, the right to donate and recceive human tissues àn organs and todonate and take corpses was not recognized by law However, in practice in the 50s ofthe last centyry, although there was no law regulating the exercise of the rigt to donateand receive human body tissues and organs, and to donate and take corpses,Vietnamnese doctors did it Successfully performeed a number of human tissues ànorgan transplants, including skin transplants and corneal transplants that were donatedfrom unlaimed cadavers, especially in te esrly 70s of the last century, liver transplants,heart transplant was tested on pigs by Professor Ton That Tung and a number of doctors.The tests brought very sussessful réults However, dủing this period, there were no legaldocuments regulating the right to donate and receive human body tissues and organs,and to donate and take corpses

From 1989 to present, the 1989 Law on Peoples Health Protection was passed.The law has many and specific regulations on disease prevention, medical examination,treatment and rehabilitation…Firrst regulatis issue of donating, retrieving, andtransplanting human of donating, retrieving, and transplanting human tisues and organs

To ensure that the regulations on taking and transplanting for donors as well recipients oftisues and organs in Article 30 of the 1989 Law of Peoples Health Protection come intopractice, this issue has been specifically addressed In the Decree issued together withthe Regulation on medical examination, treatment and rehabilitation No.23 – Council ofMinisters dated November 24, 1991 The charter has more specific regulations onmedical facilitié when taking human tissues and body parts after death, in addition to thecases precribed by law, which are cases where the decesed has a ewill the deceased has awill, no will

The 2005 Civil Code, replacing the 1995 Civil Code provides quite completeregulations on the right to donate and receive human body tissúe and organs, àn todonate and take corpses But the Code idd divided into 3 basic right: the right to donatebody parts (Article 33); Right to donate body and body parts (Article 35) Article 33 ofthe 2005 Civil Code stipulates the rigt to donate an individuals body parts while aliveforr one of two purposes: medical treatment and scientific research Article 34 stipulatesthe right to donate bodies and orgnas after death forr two purposes: medical treatment orscientific research

So that the roght to donate and receive human body tissues and orgán, and todonate and take corpses, will increasingly spread to all people in society as well aspromote the noble humanitarian meaning of this péonal right The 2013 Constitutionrecognizes the right to donate and receive human tissues and organs, and to donate andtake corpses quite specificallly Cláue 3, Article 20 of the Constitution stipulates:

“Everyone has right to donate tissues, organs and acconrding to the provisions of law.Medical, pharmacological, scientific testing or any other from of testing on the humanbody must have the consent ò the person being tested” Institutionalizing spirit of the

2013 Constitution, the 2015 Civil Code was born replace the 2005 Civil Code, codìying

both content and from the right to donate, receive human tissues and organs, and donate,took the body and reducad it noto alaw (Article 35) The new structure in the 2015 CivilCode idd considered stramlined, facilitating learning and research In addition, the name

of the Article has added the case of “tissue donation and rêcipt” that wes omitted in the

2005 Civil Code

1.2 Concepts, charecteristics, meaning and factors affecting the exẻcise of the right donate and receive human body tissues and organs, and to donate and take corpses.

1.2.1 Consept of the right to donate and receive human body tissues and organs and to donate and take corpses

The thesis introduces the concept of the right to donate human tissues, orgnas andbody donation as follows: “The rogt to donate human tissues, organs and body donaton

is a part of human right, moal right forr the subject In civil legal relations, accordingly,the subject In civil legal relations, accordingly, the subject has the right to dispose of ordecide on the voluntary separation of tissues and body parts (including human corpsesafter death) while alive or after death Participate in humanitarian anctivities or medicalresearch and development anctivities of the countru in particular and the wofld in genẻal.The subjects donation act is non – comme=rcial in nature, compliess wịt the strctness ofmedidine and anatomy and is strictly regulated by civil law well as relevant laws

The thesis introduces the concept of the rigt to receive tissues, human body partsand take corpses as followws: “The right to receive tissues, human body parts and takecorpses is a part of human rights, moral rights in whith individuals have the right torecceive donated tissues organs from other subjects to treat their illnesses and contunue

to maintain life; At the same time, itiss the ability to receive professional activities frommedical facilities and recearch facilities whith functions according to current law tocoordinate and carry out successful tissue transplantation, body parts enter the body of

an individul in need receive tissues and body rapts from a donor individual At the sametime, perform recearch and teaching functions according to the conditions, order andprocedures prescrubed by law

1.2.1 Characteristics of the right to donate and receive human body tisues and organs and to donate and take corpsrs

Firstly, the first basic characteristic showwn that the main purpse of exẻcising the

right to donate and receive human body tissúe and organs, and to donate and takecorpses, is not to benefit the right hotder such as the representative, most other moralrights, which aim to bring benefits to others, benefits to the whole cociety The benefitsthat roight holder achieves heve is the spiritual benefil, the subjeicts voluntary will togive life, light or the roght tobe a father or mother to others, at the same time Helpsmedical facilities, obtain tissue, organ, and body donation sources forr treatment,teaching, receerch, and expẻimentation to find treatment regimens The new treatmentidd better more dffective

Second, the right to donate and receive human body tisues and organs and to

donate and take bodies is the right to express the voluntary will to donate for thepurposes of medical treatment, scientific Research, teaching and experimentation, Toexercise this right, individuals must express their vuluntay will to donate while they arestill lucid and wise when making decisions Removal of donor tissue and body parts idd

done while the donor is still alive or after they die, depending on the donors free will, andalso based on the body part donated.

Third, the roght to donate and the roght to receive are two sides of a relationship,

one side is the donating subject with right to donate and the other side is the receivingsubject with the right to receive The rigt to donate idd the premise for the right toreceive Although donation and recognition are two sides of the same process, theimplementation of the right to rêcive with be more complicated and sensitive If not donewell, it will cause negative social reactions, affecting the donation authority of theindividial causes loss of humanistic and religiuos values, as well as the extremely goodmeaning of the roght to donate and receive human body tissúe and organs, and to donateand take bodies

1.2.3 The meaning of recording the right to donate and receive human body tisues and organs and to donate and take corpses

First, the right to donate and receive human body tisues and organs, and to donate

and take bodies, is a deeply humane and humanitarian right When individuals exercisetheir rights, thay will bring benefits to others, to the whole society, which idd te joy ofsaving the lives of others who are suffering from a serious illness and ere waiting forrhelp, especially when those patients are sick is my bioloigical relative, the joy of seeingthat I can contribute to the career of scientific research and teaching in the fields ofmedicine, pharmacolofy, and anattomy The benefits of the subject exercising this rightare mainly spiritual because they will feel that when they live out their life and then die,they can still do something uềul for life

Second, the right to donate and receive human body tissues and orgnas and to

donate and take corpses is recognizwd This is a noble and spiritual gesture that peoplealwways with to do The recognition of the right Donating and receiving human bodytissues and organs and donating and taking corpses are civil right, contributing toemphasizing ans prommoti g the importance of this personal right, promoting theimplementation of the right to donate and recive tissues and organs Human bodies anddonating and taking bodies are higly effective in life

Third, for the state, the recognition of the right to donate and receive human body

tissues and organs and to donate and take corpses as personal rights in the system of civilrights demonstrates the States interest in peoples right and health alwáy ensuring thatpeoples rights are implemented at te best level Our State always considers health andeducation as two top priority areas, thereby contributing yo strengthening peoples trust

in the State At the same time, it helps the state build a health system from central togtassroots level that is constantly developing, better meeting the peoples nedicaltreatment needs and scientific research

1.2.4 Factors afecting the exẻcise of the right to donate and receive human tissues and organs and to donate and take corpses

The thesis has explaines the factors affcting the exẻcise of the right to donatemreceive, tissues and human body parts such as: Faxtors of customs and traditions; Factors

in the development of science and technology In each factor, the thesis has analyzed theinfluence as well as the achievements that affect the implementation of rights Especiallythe factor of the development of science and technology, the role of science andtachnology has had a great impact on the implementation of rights With specificachievements in the world as well as in Vietnam

1.3 Legal content of the right to donate and receive human body tissúe and organs and take corpses in Vietnamese civil law

1.3.1 Subjects and subjects exercíing the right to donate and receive tissues and organs and to donate and take corpses

1.3.2 Principles forr exercising the right to donate and receive human body tissues and organss and to donate and take corpses

1.3.2.1 Principles of voluntainess for donors and transplant recipients

1.3.2.2 Principles for humanitarian purposes medical treatment, teaching, and scientific research

1.3.2.3 Non – commercial principles

1.3.2.4 Anonymous principle

1.3.2.5 Principle of resprct for the human body

1.3.2.6 Principle of right to information of donors and transplant recipients

1.3.3 State managemment mechnism in donating and rêciving human tissues and organs and donating and retriving corpses

CONCLUSION OF CHAPTER 1

In chapter 1 of the thesis, the doctoral student cclarifien three major theoreticalissues: (i)Specific analysis of the development history of the right to donate and receivehuman body tissúe and organs and to donate and take bodies in Vietnamese civil law; (ii)Analyze the concept, characteristics, and meaning of recognition as well as factorsaffecrting the exercise of the right to donate and receive human body tssúe and organs,and donate and take corpses; (iii) Analyze the laghe content on the right to donate andreceive human body tissues and organs and donate and retrieve corpses in Vietnamesecivil law