According to Decision 863/QD-BNV in 2025, the implementation of maternity benefits for female employees who are surrogate mothers is clearly regulated, in order to ensure the rights of employees during the process of receiving children and on maternity leave.
1. Implementation procedures
The process consists of three steps:
Step 1: The employee submits the application to the employer within 45 days from the end of the maternity leave period. If the employer has quit or no longer has an employee, the employee must submit the application directly to the social insurance agency (SI).
Step 2: Within 7 working days from receiving the complete application, the employer must make a list of people on maternity leave and send the application to the Social Insurance agency.
Step 3: The Social Insurance Agency will handle the application within 7 working days if it receives the application from the enterprise, or 5 days if it receives it directly from the employee. In case it is not resolved, the social insurance agency must respond in writing, stating the reason.
2. How and the implementation documents
Workers can submit their application directly, online or by post.
The dossier includes:
- Copies of birth certificate, birth certificate or birth certificate of the child;
- Documents proving infertility treatment (if any);
- Death certificate or health confirmation document in special cases;
- copy of the surrogacy agreement for humanitarian purposes according to Article 96 of the Law on Marriage and Family 2014 and the document confirming the time of delivery - receipt of the child;
- List of employees on maternity leave established by the employer.
In case the child dies immediately after birth or the fetus dies at 22 weeks or more, the dossier must include a summary of the medical record, discharge certificate, death certificate or confirmation document from the People's Committee at the commune level.
If the dossier is issued by a foreign agency, there must be a notarized Vietnamese translation and consular legalization, unless otherwise provided in international treaties.
3. Agencies and settlement deadline
The implementing agency is the social insurance level managed according to the decentralization of Vietnam Social Insurance.
The maximum processing time is 07 working days from the date of receipt of complete documents.
4. Results and fees
The result of the procedure is a list of settlements for maternity benefits issued by the Social Insurance agency.
Employees do not have to pay a fee when performing this procedure.
Specific regulations on procedures, records and settlement deadlines help ensure transparency and convenience for female workers who are surrogate mothers, while creating conditions to protect the legitimate maternity rights of workers according to current laws.
