Can I receive a lump-sum allowance when my child is born through surrogacy in Vietnam?

Can I receive a lump-sum allowance when my child is born through surrogacy in Vietnam?

Pursuant to Article 4 of Decree 115/2015/ND-CP, there are regulations on maternity benefit for female employees as intended mothers as follows:

The maternity benefit for the female employee as intended mother (hereinafter referred to as intended mother) prescribed in Clause 2 Article 35 of the Law on Social insurance as follows:

1. If the intended mother has paid compulsory social insurance to the fund of sickness and maternity for 6 months or longer within 12 months until the time of receiving the child, she is entitled to the following regimes:

a) A lump-sum payout equaling 2-month base salary for each child in the month of childbirth if the surrogate mother fails to pay compulsory social insurance premiums or satisfy requirements prescribed in Clause 3 Article 3 of this Decree;

If the surrogate mother and the intended mother do not pay compulsory social insurance or do not satisfy requirements prescribed in Clause 3 Article 3 of this Decree, the husband of the intended mother, who is paying compulsory social insurance to the fund of sickness and maternity shall be entitled to a lump-sum payout equaling 2-month base salary in the month of childbirth.

b) Taking maternity leave from the time of receiving child until the child is 6 months of age. If the intended mother has twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second child;

If the intended does not take leave under Clause 4 of this Article, she is entitled to not only his/her salary but also the maternity benefit as prescribed.

c) In case the intended mother dies or her health declines that makes her unable to care for the child when the child is not enough 6 months of age, as certified by a competent health facility, the father or the direct fosterer is entitled to a maternity leave for the remaining period applicable to the mother as specified in Point b of this Clause;

d) If the father or the direct fosterer who is covered by social insurance does not take leave under Point c of this Clause is entitled to not only his/her salary but also the maternity benefit for the remaining period applicable to the mother as specified in Point b of this Clause;

dd) After childbirth, if an under-6-month child dies, the intended mother is entitled to take maternity leave as prescribed in Clause 3 Article 34 of the Law on Social insurance.

2. The maternity benefit levels for the intended mother shall be granted as prescribed in Article 39 of the Law on Social insurance and determined according to the average of salaries of 6 months preceding the leave on which social insurance is paid.

3. The maternity leave period of 14 working days or longer in a month shall be regarded as a period of social insurance payment. During this period, the intended mother and the employer are not required to pay social insurance.

If the intended mother terminates the labor contract or quits job before the time of receiving child, the maternity leave period shall not be regarded as a period of social insurance payment.

Thus, according to the above regulations in Vietnam, you will receive a lump-sum allowance equal to 2 times the base salary in the month your sister gives birth to your child.

Can I receive a lump-sum allowance when my child is born through surrogacy in Vietnam? (Image from the Internet)

What is dossier for maternity benefits for intended mothers when female employees give birth as surrogate mothers in Vietnam?

According to Clause 4, Article 5 of Decree 115/2015/ND-CP, maternity benProcedures for maternity benefit claim applicable to surrogate mothers and intended mothersefit for female employees as intended mothers includes:

4. A claim for maternity benefit applicable to the intended mother upon the childbirth includes:

a) A copy of the agreement on altruistic gestational surrogacy prescribed in Article 96 of the Law on marriage and families 2014; a document certifying the time of relinquishing the child between the intended mother and the surrogate mother;

b) A copy of the birth registration certificate or birth certificate of the child;

c) The list of employees taking maternity leave made by the employer;

e) A copy of the intended mother’s death certificate, in case the mother dies in childbirth;

dd) A document certifying that the intended mother’s declining health making her unable to care for the child issue by a competent health facility;

e) A copy of the child’s death certificate, in case the child dies whereas he/she is not enough 6 months of age.

According to this Article, the dossier for maternity benefits for an intended mother when a surrogate mother gives birth will include the above components in Vietnam.

Best regards!