Maternity Regime for Surrogate Female Employees in Vietnam

Maternity is an important support regime in the policy to protect Female Employees’ rights during pregnancy and childbirth. The policy is established and regulated to support the health of both mother and baby, this regime not only helps to reduce the financial burden but also facilitates the care and rehabilitation of postpartum health. With benefits such as paid leave, medical care, and financial assistance, maternity benefits play an important role in improving the quality of life of women during this particular period. In addition, it contributes to the maintenance of family and social stability and development, thereby affirming the community’s concern and commitment to the health and well-being of mothers and infants. Viet An Law would like to guide customers to understand more about the regulations on maternity benefits for female employees who are pregnant under Vietnamese Law on Social Insurance through the article below.

Conditions for female employees who are gestational surrogacy to have the maternity regime

According to Clause 2, Article 31 of the Law on Social Insurance 2014, it is stipulated as follows: “Employees specified at Points b, c and d, Clause 1 of this Article must pay social insurance premiums for full 06 months or more in the 12 months before giving birth or adopting a child.”  Female employees who are gestational surrogacy belong to case c according to the provisions of Article 31 of the Law on Social Insurance 2014. In addition, when having paid social insurance premiums for full 12 months or more but having to take time off work for pregnancy care as designated by a competent medical examination and treatment facility, they must pay social insurance premiums for full 03 months or more in the 12 months before giving birth according to Clause 3, Article 31 of the Law on Social Insurance 2014.

The period of 12 months before giving birth is determined as follows:

• In case of giving birth before the 15th of the month, the month of birth shall not be counted in the 12 months before the birth or adoption of the child.
• In case of giving birth from the 15th day onwards of the month and that month has social insurance premiums, the month of birth shall be counted in the 12 months before giving birth.

Example 13: Ms. A gave birth on 18/01/2017 and in 01/2017 with social insurance premiums, the period of 12 months before giving birth is calculated from 02/2016 to 01/2017, if during this time Ms. A has paid social insurance premiums for full 6 months or more or full 3 months or more in case during pregnancy she has to take leave from work for maternity care as prescribed of a competent medical examination and treatment establishment, Ms. A is entitled to maternity benefits as prescribed.

What does maternity regime for surrogate female employees in Vietnam include?

These regimes are specified in Article 3 of Decree 115/2015/ND-CP as follows:

• Prenatal check-up regime: Leave to go for prenatal check-up 05 times, each time 01 day; in case of being far from a medical examination and treatment facility or a pregnant person with pathology or abnormal pregnancy, they are entitled to 02 days off for each prenatal check-up.
• Miscarriage, curettage, abortion, stillbirth or pathological abortion: Leave of absence as prescribed by a competent medical examination and treatment establishment. The maximum time off from work is prescribed as follows:
  • 10 days if the pregnancy is less than 05 weeks old;
  • 20 days if the pregnancy is from 05 weeks old to less than 13 weeks old;
  • 40 days if the pregnancy is from 13 weeks to less than 25 weeks old;
  • 50 days if the pregnancy is 25 weeks old or older.
• Regime when giving birth:
  • A one-time allowance for each child is equal to 02 times the base salary in the month of female employees who are pregnant and surrogate and give birth;
  • Leave to enjoy the maternity regime until the date of handing over the child to the mother for gestational surrogacy but not exceeding the time specified in Clause 1, Article 34 of the Law on Social Insurance 2014. In case from the date of birth to the time of delivery of the child or the time of death of the child and the period of enjoying the maternity regime is less than 60 days, the female employee who is a gestational surrogate is entitled to leave to enjoy the maternity regime until full 60 days including public holidays. Tet holiday, weekly holidays.
  • After the period of enjoying the maternity regime as prescribed, in the first 30 days of working but the health has not recovered, the female employee who is a gestational surrogate is entitled to a convalescence leave and health recovery for 05 to 10 days, except for the case where the female employee who is a gestational surrogate terminates the labor contract. work contract or resignation before the time of childbirth.

Dossier of entitlement to maternity benefits for female employees who are gestational surrogacy when giving birth

In case the female employee is surrogate during pregnancy examination, miscarriage, curettage, abortion, stillbirth or pathological abortion

• Certificate of leave to enjoy social insurance in case of outpatient treatment, the original or a copy of the hospital discharge certificate in case of inpatient treatment;
• The list of employees on leave to enjoy maternity benefits shall be made by the employer.

In case a female employee is a gestational surrogacy when giving birth

• A copy of the agreement on gestational surrogacy for humanitarian purposes or a document certifying the time of handing over the child of the gestational surrogacy requester and the gestational surrogacy party;
• A copy of the birth certificate or a copy of the child’s birth certificate;
• The list of employees entitled to maternity benefits shall be made by the employer;
• In case the child dies and the period of enjoying the maternity regime is less than 60 days, a copy of the child’s death certificate shall be provided;
• In case the child dies after birth but has not yet been issued a birth certificate, there shall be an additional extract of the mother’s medical record or hospital discharge certificate;
• In case the surrogate female employee dies after giving birth, a copy of the death certificate of the surrogate female employee shall be provided;
• In case the female employee who is a gestational surrogate during pregnancy has to take leave to convalesce the pregnancy as designated by a competent medical examination and treatment establishment, there shall be an additional certificate of the competent medical examination and treatment establishment.

For all question on tax in Vietnam, please contact Viet An Law – Tax Agent, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat), for the best assistance.