Circular No. 38/2025/TT-BYT guiding the Decree No. 207/2025/NĐ-CP on assisted reproductive technology and surrogacy for humanitarian purposes issued by the Minister of Health

 CIRCULAR

Providing detailed regulations on certain provisions of Decree No. 207/2025/NĐ-CP dated July 15, 2025, of the Government regarding childbirth through assisted reproductive technology and conditions for surrogacy for humanitarian purposes

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Decree No. Decision No. 42/2025/NĐ-CP February 27, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Decree No. 207/2025/NĐ-CP dated July 15, 2025, of the Government regarding childbirth through assisted reproductive technology and conditions for surrogacy for humanitarian purposes;

At the proposal of the Director of the Maternal and Child Health Department;

The Minister of Health issues this Circular providing detailed regulations on certain provisions of Decree No. 207/2025/NĐ-CP dated July 15, 2025, of the Government regarding childbirth through assisted reproductive technology and conditions for surrogacy for humanitarian purposes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates health standards for sperm, egg, and embryo recipients; procedures for transferring sperm, eggs, and embryos between storage facilities; a minimum list of techniques to be performed in medical examinations and treatments at facilities conducting in vitro fertilization; statistical reporting, data management, and information sharing on reproductive assistance.

Chapter II

HEALTH STANDARDS FOR SPERM, EGG, AND EMBRYO RECIPIENTS; PROCEDURES FOR TRANSFERRING SPERM, EGGS, AND EMBRYOS BETWEEN STORAGE FACILITIES; MINIMUM LIST OF TECHNIQUES TO BE PERFORMED IN MEDICAL EXAMINATIONS AND TREATMENTS AT FACILITIES CONDUCTING IN VITRO FERTILIZATION

Article 2. Health Standards for Sperm, Egg, and Embryo Recipients

1. A recipient of sperm, eggs, or embryos must not be suffering from:

a) Any genital organ diseases or abnormalities that render them incapable of pregnancy;

b) Diseases that may endanger the life of the woman during pregnancy;

c) Mental illnesses or other conditions that prevent them from understanding or controlling their actions.

2. Individuals with acute diseases must postpone embryo transfer until their condition stabilizes after treatment.

3. The head of the facility conducting in vitro fertilization or the person authorized legally shall be responsible for organizing and implementing examinations, consultations, and conclusions on whether the individual meets the health criteria for receiving sperm, eggs, or embryos as stipulated in Clauses 1 and 2 of this Article.

Article 3. Regulations on Procedures for Transferring Sperm, Eggs, and Embryos Between Storage Facilities

1. In cases where the donor or recipient of sperm, eggs, or embryos (hereinafter referred to as "samples") wishes to transfer samples from one storage facility to another:

a) The current storage facility shall advise the donor or recipient about transport regulations, potential risks during transport, and provide written consent for sample transfer;

b) The receiving facility shall be responsible for considering the donor's or recipient's wishes and deciding whether to accept transferred samples from another storage facility. Transfer can only occur with written consent from the receiving facility;

c) Transport of samples must be carried out by healthcare staff from the receiving or donating facility, with the participation of the donor or recipient or their legal representative. If the donor or recipient or their legal representative does not participate, they must authorize the receiving or donating facility to carry out the transport;

d) Transportation costs shall be borne by the donor or recipient;

đ) During transportation, samples must be stored in specialized cryopreservation equipment sealed by the donating facility;

e) Samples must be handed over between two storage facilities along with the following documents:

- A summary of the medical record or storage file certified by the donating facility, including full information: name and ID card number or personal identification number of the donor or recipient, or passport (if foreign); quantity and quality of samples; storage method, date of storage; summary of treatment process;

- For donated samples: the storage file does not need to include personal information of the donor but must have a sample code issued by the donating facility;

- For embryo transfers: a valid copy of the marriage certificate at the time of embryo creation if it is a married couple, or a confirmation of marital status if it is a single woman;

- A transfer record of sperm, eggs, or embryos (two original copies) according to Appendix I attached to this Circular;

g) The receiving facility shall be responsible for checking the seal and accompanying documents before signing the transfer record and returning one original copy to the donating party;

2. In cases where the storage facility lacks the necessary conditions to continue storing samples:

a) The current storage facility must contact another permitted storage facility to negotiate sample transfer and inform the donor or recipient. Transfer can only occur with the consent of the donating facility, receiving facility, and donor or recipient. In urgent situations, both facilities must agree beforehand and then notify the donor or recipient;

b) Sample transport must be carried out by staff from the donating or receiving facility;

c) Transportation costs shall be borne by the donating facility;

d) During transportation, samples must be stored in specialized cryopreservation equipment sealed by the donating facility;

đ) Samples must be handed over between two storage facilities along with the following documents:

- A list of donors or recipients being transferred, fully detailing: name and ID card number or valid personal identification with personal identification number of the donor or recipient, or passport (if foreign);

- Full medical records or storage files of all cases being transported;

- A transfer record of sperm, eggs, or embryos (two original copies) according to Appendix I attached to this Circular;

e) The receiving facility shall be responsible for checking the seal and accompanying documents before signing the transfer record and returning one original copy to the donating party;

g) The donating facility shall be responsible for notifying the donor in writing about the sample transport; the receiving facility shall be responsible for continuing to store and preserve the received samples through a contract with the donor in accordance with civil law regulations.

Article 4. Minimum list of techniques for diagnosis and treatment that facilities performing in vitro fertilization must implement

Attached to this Circular is the "Minimum List of Techniques for Diagnosis and Treatment that Facilities Performing In Vitro Fertilization Must Implement" at Appendix II and Appendix III.

Chapter III

REPORTING STATISTICS, MANAGING DATA AND SHARING INFORMATION ON ASSISTED REPRODUCTION

Article 5. Reporting Statistics

Annually on January 20, facilities authorized to perform in vitro fertilization and altruistic surrogacy techniques shall be responsible for submitting reports on the implementation of assisted reproduction techniques at their facilities to the Ministry of Health, while simultaneously sending them to the directly managing state administrative agencies according to the model set forth in Appendix IV attached to this Circular.

Article 6. Managing Data and Sharing Information on Assisted Reproduction

1. Information regarding sperm donation, egg donation, embryo donation; storage of donated sperm, eggs, embryos must be encoded and shared in accordance with the provisions of Clause 2 of this Article, ensuring the confidentiality of information of donors and recipients of sperm, eggs, embryos.

2. Information required to be shared with the common database on assisted reproduction includes:

a) The most recent citizen identification card number or personal identification number or passport number (if foreign nationals) of the donor, recipient of sperm, eggs, embryos, altruistic surrogate mother, and the couple seeking altruistic surrogacy;

b) Date, month, year of donation of sperm, eggs, embryos; facility storing donated sperm, eggs, embryos;

c) Date, month, year of embryo transfer in cases of surrogacy, facility performing surrogacy technique.

3. Responsibilities of relevant agencies in managing the common database on assisted reproduction:

a) The Maternal and Child Health Department acts as the focal point, coordinating with related units to manage, operate, and utilize the common database on assisted reproduction; developing the Ministry of Health's regulations on managing, operating, and utilizing the common database on assisted reproduction to serve management, operational activities, professional work, and state administration; inspecting and supervising compliance;

b) The Science, Technology and Training Department coordinates in developing the Ministry of Health's regulations on managing, operating, and utilizing the common database on assisted reproduction; participating in inspecting and supervising compliance;

c) The National Health Information Center takes the lead, coordinating with the Maternal and Child Health Department and related units to build the common database on assisted reproduction; being responsible for technical infrastructure, information security, and operation of the database;

d) Medical establishments authorized to perform in vitro fertilization and altruistic surrogacy techniques are responsible for connecting and sharing information with the common database on assisted reproduction in accordance with the Ministry of Health's regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from October 1, 2025.

2. Abolish Chapter I, Chapter II, Chapter V, and Chapter VI of Circular No. 57/2015/TT-BYT dated December 30, 2015 issued by the Minister of Health detailing certain provisions of Decree No. 10/2015/NĐ-CP dated January 28, 2015 of the Government on assisted reproductive technology and conditions for altruistic surrogacy.

3. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the new documents.

Article 8. Responsibility for Implementation

Director of the Maternal and Child Health Department; Director of the Department of Medical Examination and Treatment Management; Heads of units under and affiliated with the Ministry of Health; Directors of Health Departments of provinces and centrally-administered cities; relevant agencies, organizations, and individuals are responsible for implementing this Circular.

 

ANNEX I

MODEL OF RECORD FOR TRANSFER OF SPERM, EGGS, EMBRYOS
(Attached to Circular No. 38/2025/TT-BYT dated August 13, 2025 issued by the Minister of Health)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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RECORD OF TRANSFER OF SPERM, EGGS, EMBRYOS

Today, at ... hours ... minutes, on ... day ... month ... year

At: ...

Donating Facility: ...

Represented by Mr./Ms. ...

Citizen Identification Number: ... Phone Number: ...

Transfer Process:

- Sperm: Number of vials ...

- Eggs/Embryos: Number of frozen strands: ... Number of eggs/embryos ... ¹..…………

(Unable to accurately determine quantity and quality of samples at time of transfer)

To:

Receiving Facility: ………………………………………………………………………

Represented by Mr./Ms. ...

Citizen Identification Number: ... Phone Number: ...

Information about transferred samples:

Total number of sample senders/donors: ... people.

Accompanying documents include:

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

This record is made in two original copies with equal legal force, each party retains one original copy./.

 

 

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¹ Clearly indicate the type and quantity of samples transferred.

² Indicate the code if the transferred sample is a donation. If it is not a donation, leave blank.

³ Indicate passport number if the person is a foreign national. If the sample transferred is a donation, leave blank.

⁴ In case of transferring samples from two or more senders, clearly indicate the type and quantity of samples from each person.

⁵ Indicate the name of the sample sender. If the transferred sample is a donation, indicate the name of the sample recipient.

 

ANNEX II

MINIMUM LIST OF TECHNIQUES FOR DIAGNOSIS AND TREATMENT THAT FACILITIES PERFORMING IN VITRO FERTILIZATION MUST IMPLEMENT UNTIL JUNE 30, 2026
(Attached to Circular No. 38/2025/TT-BYT dated August 13, 2025 issued by the Minister of Health)

 

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¹ In case Circular No. 23/2024/TT-BYT dated October 18, 2024 amends, supplements, or replaces the list of techniques in medical examination and treatment, such provisions shall be applied according to the new document.

² Techniques numbered from 17 to 24 may be provided by another entity that has been authorized to perform these techniques through a cooperation contract in accordance with the law.

 

ANNEX III

MINIMUM LIST OF TECHNIQUES IN MEDICAL EXAMINATION AND TREATMENT THAT FACILITIES PERFORMING IN-VITRO FERTILIZATION MUST IMPLEMENT FROM JULY 1, 2026
(Attached to Circular No. 38/2025/TT-BYT dated August 13, 2025 issued by the Minister of Health)

 

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¹ In case Circular No. 23/2024/TT-BYT dated October 18, 2024 amends, supplements, or replaces the list of techniques in medical examination and treatment, such provisions shall be applied according to the new document.

² Techniques numbered from 18 to 27 may be provided by another entity that has been authorized to perform these techniques through a cooperation contract in accordance with the law.

 

ANNEX IV

SAMPLE REPORT ON THE IMPLEMENTATION OF ASSISTED REPRODUCTIVE TECHNOLOGIES
(Attached to Circular No. 38/2025/TT-BYT dated August 13, 2025 issued by the Minister of Health)

 

REPORT

SITUATION OF THE IMPLEMENTATION OF ASSISTED REPRODUCTIVE TECHNOLOGIES

Reporting period: From January 1 to December 31, …

Respectfully submitted to: Ministry of Health

Medical Examination and Treatment Facility … reports on the implementation of assisted reproductive technologies in … as follows:

1. Results:

2. Violations:

- Detected: …

- Handling: …

- Others: …

3. Recommendations and Suggestions:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

 

 

GUIDELINES FOR REPORTING

The figures recorded for each reporting period, except those specified in items 5 and 19 below, are as follows:

5. Pregnancy progression rate after IUI

19.1. Clinical pregnancy rate after IVF

19.2. Pregnancy progression rate after IVF

19.3. Live birth rate after IVF

19.4. Multiple pregnancy rate