From July 1, 2025, are employees, who are surrogate mothers in Vietnam, eligible for maternity policies?
From July 1, 2025, are employees, who are surrogate mothers in Vietnam, eligible for maternity policies?
Based on Article 50 of the Social Insurance Law 2024 on the subjects and conditions for receiving maternity policies:
Article 50. Subjects and conditions for receiving maternity policies
- The subjects specified in points a, b, c, d, i, k, l, m, and n, clause 1, and clause 2 of Article 2 of this Law are eligible for maternity policies in one of the following cases:
a) Female employees who are pregnant;
b) Female employees who give birth;
c) Female surrogate employees;
d) Female employees who have surrogate mothers;
d) employees adopting a child under 6 months old;
e) employees using contraceptive methods that must be performed at a medical examination and treatment facility;
g) Male employees participating in compulsory social insurance whose wife gives birth or whose wife, a surrogate, gives birth.
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According to the above regulation, female surrogate employees belong to the following subjects eligible for maternity policies:
[1] Employees who are Vietnamese citizens participating in compulsory social insurance include:
- Persons working under indefinite-term labor contracts, definite-term labor contracts with a duration of at least 01 month, including cases where employees and employers agree under a different name but the content shows paid employment and management, direction, and supervision of one party
- Officials and public employees
- Employees and public employees of defense, police employees, individuals doing other jobs in cryptographic organizations
- Officers, professional soldiers of the People's Army; officers, non-commissioned officers in service, officers, non-commissioned officers with technical specialization of the People's Police; individuals doing cryptographic work with salaries similar to soldiers
- Managers of enterprises, controllers, representatives of state capital, representatives of business capital as prescribed by law; members of the Board of Directors, General Director, Director, members of the Supervisory Board, or controllers and other elected management titles of cooperatives, cooperative unions as prescribed with salary
- Non-specialized individuals working at the commune level, in hamlets, and residential groups
- Persons working under indefinite-term labor contracts, definite-term labor contracts with non-full-time working hours, with wages in the month equal to or higher than the lowest wage used as a basis for compulsory social insurance contributions
- Business household owners of registered business households participating as prescribed by the Government of Vietnam;
- Managers of enterprises, controllers, representatives of state capital, representatives of business capital as prescribed by law; members of the Board of Directors, General Director, Director, members of the Supervisory Board, or controllers and other management titles elected of cooperatives, cooperative unions as prescribed by the Cooperative Law without salary.
[2] Employees who are foreign citizens working in Vietnam participating in compulsory social insurance when working under a definite-term labor contract with a duration of at least 12 months with an employer in Vietnam, except for the following cases:
- Internal transfer within the enterprise as prescribed by the law on foreign employees working in Vietnam
- At the time of entering into the labor contract, they have reached the retirement age
- International agreements to which the Socialist Republic of Vietnam is a member have different provisions
From July 1, 2025, are employees, who are surrogate mothers in Vietnam, eligible for maternity policies? (Image from the Internet)
What is the duration of leave for prenatal check-ups for employees, who are surrogate mothers in Vietnam?
Based on Article 54 of the Social Insurance Law 2024 on maternity policies for female surrogate employees:
Article 54. Maternity regime for female surrogate employees
- Female surrogate employees are entitled to maternity leave for prenatal check-ups as prescribed in Article 51 of this Law.
- Female surrogate employees who miscarry, terminate a pregnancy, have a fetal death, fetal death during labor, or ectopic pregnancy are entitled to maternity leave as prescribed in Article 52 of this Law.
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According to the above regulation, female surrogate employees are entitled to maternity leave for prenatal check-ups up to 5 times, no more than 2 days each time. The maternity leave period for prenatal check-ups is calculated according to working days, excluding public holidays, Tet, and weekly days off.
What are prohibited acts in social insurance in Vietnam?
Based on Article 9 of the Social Insurance Law 2024 on prohibited acts in social insurance:
- Delaying or evading compulsory social insurance and unemployment insurance contributions.
- Misappropriating social insurance and unemployment insurance benefits.
- Obstructing or causing difficulties or damages to the legitimate rights and interests of the participants and beneficiaries of social insurance and unemployment insurance.
- Committing fraud and forging documents in the implementation of social insurance and unemployment insurance.
- Using the social insurance fund and unemployment insurance fund against the law.
- Illegally accessing, exploiting, providing the database on social insurance and unemployment insurance.
- Registering or reporting false information; providing inaccurate information about social insurance and unemployment insurance.
- Collusive, connecting, covering, assisting agencies, organizations, individuals in committing violations of the law on social insurance and unemployment insurance.
- Pledging, trading, mortgaging, depositing social insurance books in any form.
- Other acts as prescribed by law.
Note: The Social Insurance Law 2024 is effective from July 1, 2025
