How many times can a surrogate mother be pregnant in Vietnam?

How many times can a surrogate mother be pregnant in Vietnam?

In Article 95 of the Law on Marriage and Family 2014, there are regulations on conditions for altruistic gestational surrogacy as follows:

Conditions for altruistic gestational surrogacy

1. Altruistic gestational surrogacy shall be based on the voluntariness of involved parties and established in writing.

2. Husband and wife have the right to ask for a person’s gestational surrogacy when they fully meet the following conditions:

a/ The wife is certified by a competent health organization as unable to carry a pregnancy and give birth even with assisted reproductive technology;

b/ The couple has no common child;

c/ The couple has received health, legal and psychological counseling.

3. A gestational carrier must fully satisfy the following conditions:

a/ She is a next of kin of the same line of the wife or husband who asks for gestational surrogacy;

b/ She has given birth and is permitted for gestational surrogacy only once;

c/ She is at a suitable age and is certified by a competent health organization as eligible for gestational surrogacy;

d/ In case she is married, she obtains her husband’s written consent;

dd/ She has received health, legal and psychological counseling.

4. Altruistic gestational surrogacy must not contravene the law on giving birth with assisted reproductive technology.

5. The Government shall detail this Article.

Thus, the surrogate mother is permitted for gestational surrogacy only once in Vietnam and must be the person who has given birth.

How many times can a surrogate mother be pregnant in Vietnam? (Image from the Internet)

If a surrogate mother has a miscarriage, how many maximum days of maternity leave will she be entitled to in Vietnam?

In Article 3 of Decree 115/2015/ND-CP, there are regulations on maternity benefit for female employees as surrogate mothers as follows:

Maternity benefit for female employees as surrogate mothers

The maternity benefit for female employees prescribed in Clause 1 Article 35 of the Law on Social insurance as follows:

1. Each female employee as surrogate mother (hereinafter referred to as the surrogate mother) who is contributing to the fund of sickness and maternity of the compulsory social insurance shall be entitled to take leaves for 5 prenatal check-ups, one day for each check-up; the employee who lives far from health facilities or have pathological signs or abnormal pregnancy is entitled to take a two-day leave for each prenatal check-up.

The leave period specified in this Clause shall be counted in working days, excluding public holidays, New Year holidays and weekly days off.

2. Each surrogate mother who is contributing to the fund of sickness and maternity of the compulsory social insurance shall be entitled to take a maternity leave as prescribed by a competent health establishment when getting miscarriage, abortion, stillbirth or pathological abortion. The maximum leave period is:

a) 10 days, for pregnancy of under 5 weeks;

b) 20 days, for pregnancy of between 5 weeks and under 13 weeks;

c) 40 days, for pregnancy of between 13 weeks and under 25 weeks;

d) 50 days, for pregnancy of 25 weeks or longer.

The maternity leave period specified in this Article is inclusive of public holidays, New Year holidays and weekly days off.

....

Thus, the surrogate mother in Vietnam who is paying compulsory social insurance when having a miscarriage will be allowed to take leave from work for the following maximum time:

- 10 days, for pregnancy of under 5 weeks;

- 20 days, for pregnancy of between 5 weeks and under 13 weeks;

- 40 days, for pregnancy of between 13 weeks and under 25 weeks;

- 50 days, for pregnancy of 25 weeks or longer.

Note: The maternity leave period specified in this Clause includes holidays, New Year holidays, and weekly days off in Vietnam.

At least how many months must a surrogate mother pay social insurance to receive maternity benefits when giving birth?

Clause 3, Article 3 of Decree 115/2015/ND-CP stipulates maternity benefit for female employees as surrogate mothers as follows:

Maternity benefit for female employees as surrogate mothers

...

3. When a surrogate mother gives childbirth and satisfies all requirements prescribed in Clause 2 or Clause 3 Article 31 of the Law on social insurance, she shall be entitled to the following benefit:

a) A lump-sum benefit equaling 2-month base salary for each child in the month of childbirth;

b) The maternity leave until the time of relinquishing the child to the intended mother, with the leave period not exceeding the period prescribed in Clause 1 Article 34 of the Law on Social insurance;

In case the maternity leave period from the date of childbirth to the time of relinquishing the child is shorter than 60 days, the surrogate mother is entitled to continue enjoying the maternity benefit until such leave period reaches full of 60 days, including public holidays, New Year holidays and weekly days off.

The time relinquishing the child to the intended mother is the time mentioned in the document certifying the time relinquishing the child between the surrogate mother and the intended mother.

c) Each surrogate mother whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Clause 2, Point b Clause 3 of this Article, is entitled to take leave for convalescence and health rehabilitation as prescribed in Article 41 of the Law on Social insurance, unless she terminates the labor contract or quit job before the time of childbirth.

...

Article 31 of the 2014 Law on Social Insurance stipulates conditions for enjoying the maternity benefits specifically as follows:

Conditions for enjoying the maternity benefits

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

Thus, a female employee who gives birth as a surrogate mother to enjoy maternity benefits needs to have paid social insurance for at least full 6 months within 12 months before childbirth in Vietnam.

In case you have paid social insurance for 12 months or more but during pregnancy you must take leaves to take care of your pregnancy as prescribed by a competent medical examination and treatment facility, you must pay social insurance for at least full 3 months within 12 months before childbirth in Vietnam.

Best regards!