What are blood donor's rights when participating in blood donation in Vietnam?

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Question date: 02/12/2022

What are blood donor's rights when participating in blood donation in Vietnam? What are testing principles of whole blood and blood components when participating in blood donation in Vietnam? 

I am going to follow the announcement of the commune health station to organize a blood donation, so I signed up to participate. But I don't know what rights do I have when participating in blood donation? What are testing principles of whole blood and blood components when participating in blood donation?

Please advise. Thankyou. 

    • What are blood donor's rights when participating in blood donation in Vietnam?
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    • 1. What are blood donor's rights when participating in blood donation in Vietnam?

      In Article 12 of Circular 26/2013/TT-BYT stipulating blood donor's rights, specifically as follows:

      1. Have access to the information about pathological signs or symptoms caused by hepatitis, HIV virus and some of blood borne diseases.

      2. Be provided clear explanations about the blood collection and any accident that may unexpectedly occur, and pre- and post-transfusion tests.

      3. Ensure that their clinical examination and test result will be kept confidential; Have an opportunity to consult with medical experts on any abnormal signs of their health in the health examination and donation process; Have access to advice on the abnormal test result stipulated by Clause 4 Article 17 hereof.

      4. Be offered medical care and treatment if any unexpected accident takes place within or after the blood donation as prescribed in Appendix 4 enclosed herewith. Be paid an amount of medical care and treatment costs incurred by unexpected accidents that may happen within and after the blood donation. Costs incurred from the medical care and treatment paid to the blood donor as stipulated by this Clause shall be governed by legal regulations.

      5. Be honored or offered an award by competent authorities after their consideration and decision as well as guarantee other mental and material rights that a blood donor is granted as stipulated by laws.

      According to this Article, when you participate in blood donation, you will receive benefits as prescribed by law in Vietnam.

      2. What are testing principles of whole blood and blood components when participating in blood donation in Vietnam?

      According to Article 13 of Circular 26/2013/TT-BYT on testing principles, specifically as follows:

      1. Conduct the required screening of each pint of whole blood or blood component. As for the newly-drawn whole blood or blood component, the previous blood test result or the result of blood test performed in the previous blood donation shall not be accepted, except for cases stipulated by Clause 3 Article 15 hereof.

      2. Select and use reagents, biological products, testing equipment or device in conformity with the blood screening requirements stipulated by laws. Control the quality of biological products and blood tests.

      3. Ensure that the testing procedure, method and analysis of the test result must be made conformable to current biological products, testing equipment and device as well as approved by the leader of testing facilities.

      4. The screening test of whole blood and blood components must conform to the following requirements:

      a) The blood sample must have the origin which is the same as the origin of the whole blood and component blood in accordance with regulations laid down in Article 10 hereof;

      b) It is likely to trace back a blood bag from a blood sample and vice versa;

      c) The testing must be performed in the manner of guaranteeing that the test must prove its sensitivity and prevent the risk of false negative result as well as be approved by the leader of the blood collecting facility;

      d) The result of the whole-blood or blood component screening test for any blood borne pathogens shall only be used for the purpose of controlling the safety of such whole blood and blood component in order to prevent such blood borne pathogens, and shall not be used for giving the response or advice to the blood donor.

      5. When drawing each blood unit from the frequent blood donor, the blood test result must be compared with the preceding test. In case there is any change to the blood test result or any suspicion that the blood sample or blood test documentation is mistaken, the blood sample directly taken from the whole blood or blood component donated must be retested.

      6. The confirmatory test for blood borne pathogens that a blood donor is required to undergo must conform to the following requirements:

      a) Verifying the personal identity of the blood donor who gives the blood sample for testing;

      b) Perform this test in the manner of guaranteeing the specificity, preventing the false positive result, and obtain the approval from the competent authority;

      c) Use such confirmatory test result to serve the exclusive purpose of giving response and advice relating to health matters to the blood donor, but avoid using it as the method of controlling the safety of the whole blood or blood component.

      Thus, before a blood donation is made, whole blood and blood components must be tested according to the above principles in Vietnam.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 12 of Circular 26/2013/TT-BYT Download
    • Article 13 of Circular 26/2013/TT-BYT Download
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