From July 1, 2025, are female employees as intended mothers entitled to maternity benefits in Vietnam?
From July 1, 2025, are female employees as intended mothers entitled to maternity benefits in Vietnam?
Pursuant to Article 55 of the Social Insurance Law 2024, which stipulates the maternity benefits for female employees as intended mothers in Vietnam:
Article 55. Maternity benefits for female employees as intended mothers
female employees as intended mothers who have paid mandatory social insurance for at least 06 months within a period of 12 months before receiving the child are entitled to the following maternity benefits:
- Eligible for maternity leave from the time of receiving the child until the child is 06 months old. In the case of twins or more, the leave is extended by 01 additional month for each child from the second onwards.
In case female employees as intended mothers do not take leave, they are entitled to receive maternity benefits in addition to their salary as stipulated;
- In the event a female worker using surrogacy dies or is certified by a medical facility as not being fit to care for the child under 06 months old, the husband of the surrogate or the direct carer is entitled to leave for the duration remaining of the female worker using surrogacy as stipulated in clause 1 of this Article.
If the husband of the female worker using surrogacy or the direct carer participates in mandatory social insurance but does not take leave, they are entitled to receive maternity benefits in addition to their salary for the remaining duration of the female worker using surrogacy as stipulated in clause 1 of this Article.
According to the above regulation, female employees as intended mothers who have paid mandatory social insurance for at least 06 months within a period of 12 months prior to receiving the child are entitled to maternity benefits.
From July 1, 2025, are female employees as intended mothers entitled to maternity benefits in Vietnam? (Image from the Internet)
What are regulations on maternity benefit for female employees as intended mothers in Vietnam?
Pursuant to Article 59 of the Social Insurance Law 2024 which stipulates maternity benefits:
Article 59. Maternity benefit
- The monthly maternity benefit for employees as stipulated in Articles 51, 52, 53, 54, 55, 56, and 57 of this Law is 100% of the average salary serving as the basis for mandatory social insurance contributions during the last 06 months prior to taking maternity leave.
For employees who have not paid enough 06 months of mandatory social insurance, their maternity benefit as stipulated in Article 51, Article 52, clauses 2, 5, 6, and 7 of Article 53, clauses 1, 2, and 4 of Article 54, clause 2 of Article 55, and Article 57 of this Law, is the average salary based on the months they have paid contributions.
- The daily maternity benefit for cases stipulated in Article 51 and clause 2 of Article 53 of this Law is calculated by dividing the monthly maternity benefit by 24 days.
- The maternity benefit when giving birth, receiving a child through surrogacy, or adopting a child under 06 months old is calculated according to the maternity benefit stipulated in clause 1 of this Article. In the case of odd days or the situation stipulated in Article 52 and Article 57 of this Law, the daily allowance is calculated by dividing the monthly maternity benefit by 30 days.
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According to the above regulation, the maternity benefit for female employees as intended mothers is 100% of the average salary serving as the basis for mandatory social insurance contributions during the last 06 months before taking maternity leave.
For employees who have not paid enough 06 months of mandatory social insurance, the maternity benefit is the average salary based on the months they have paid contributions.
What are conditions for altruistic gestational surrogacy in Vietnam?
Pursuant to Article 95 of the Marriage and Family Law 2014, which stipulates the conditions for Altruistic gestational surrogacy in Vietnam:
Article 95. Conditions for Altruistic gestational surrogacy
1. Altruistic gestational surrogacy must be performed on a voluntary basis by all parties and must be documented in writing.
2. A couple has the right to seek a gestational surrogacy when the following conditions are met:
a) Having confirmation from a competent medical organization that the wife cannot become pregnant and give birth even with assisted reproductive technology;
b) The couple does not have any common children;
c) They have been counseled on medical, legal, and psychological matters.
3. The surrogate must meet the following conditions:
a) Be a kin of the surrogate-seeking wife's or husband's side;
b) Have previously given birth and only allowed to surrogate once;
c) Be of appropriate age and have confirmation from a competent medical organization of the ability to surrogate;
d) In case the woman who is a gestational surrogacy has a husband, it must have written consent from the husband;
dd) Have been counseled about medical, legal, and psychological matters.
4. Altruistic gestational surrogacy must not violate legal regulations on childbirth using assisted reproductive technology.
5. The Government of Vietnam shall detail this Article.
Thus, a couple has the right to seek a gestational surrogacy when the following conditions are met:
- Confirmation from a competent medical organization that the wife cannot become pregnant and give birth even with assisted reproductive technology
- The couple does not have any common children
- They have been counseled about medical, legal, and psychological matters
