(Adopted at the 171st Executive Meeting of the State Council on March 21, 2007, promulgated by Decree No. 491 of the State Council of the People’s Republic of China on March 31, 2007, and effective as of May 1, 2007)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of standardizing transplantation of human organs, ensuring the quality of medical treatment, safeguarding human health and protecting the lawful rights and interests of citizens.
Article 2 These Regulations apply to transplantation of human organs conducted within the territory of the People’s Republic of China, but do not apply to transplantation of human cells and such human tissues as corneas and bone marrow.
The term “human organ transplantation” in these Regulations means the process involved in the removal of part or all of an organ with a specific function, such as the heart, lung, liver, kidney or pancreas, from a donor, and its implantation into a recipient to replace his diseased or impaired organ.
Article 3 No organization or individual may, in any form, trade in human organs or engage in any activities related to such trade.
Article 4 The competent health department of the State Council is responsible for supervision and administration of human organ transplantation nationwide. The competent health department of the local people’s government at or above the county level is responsible for supervision and administration of human organ transplantation within its own administrative area.
The Red Cross Societies at various levels participate in accordance with law in publicizing the need for donation of human organs and in other related work.
Article 5 Any organization or individual has the right to report to the competent health department or the relevant departments on any violation of these Regulations, and has the right to report to the people’s government at the same level or the relevant department of the people’s government at a higher level on any failure of the competent health department or the relevant department to perform its duties of supervision and administration in accordance with law. The people’s government, the competent health department or the relevant department which receives the report shall verify and handle the report in a timely manner, and inform the reporting person of the results.
Article 6 The State establishes a working system for human organ transplantation to publicize and promote the donation of human organs, work out a list of persons waiting for transplantation of human organs, organize and coordinate the utilization of human organs.