Article 4 of the maternity regime through surrogate mothers
maternity mode thanks to surrogate mothers under the provisions of Paragraph 2, Article 35 of the Law on Social Insurance are specified as follows:
1. Thanks to a surrogate mother has played the compulsory social insurance in sickness and maternity fund full 06 months during the 12 months to the time of adoption, shall enjoy the following modes:
a) Subsidies once for each child by 02 times the base wage in months pregnant female workers in maternity child labor cases childbearing women did not participate in compulsory social insurance or inadequate conditions specified in paragraph 3 Article 3 of this Decree;
Where surrogate female labor, thanks to a surrogate mother is not insured or social imperative not meet the conditions provided for in Paragraph 3 of Article 3 of this Decree, husband are social insurance contributions to fund compulsory sickness and maternity of the surrogate mother due allowance once by 02 times the base wage for each child born in the month.
b) To leave entitlement from the time of pregnancy until the child receives the full 06 months. In case of twins or more, calculated from the second onwards, every child, through surrogate mothers are entitled to 01 months;
case through surrogate mothers do not leave it outside the salary still be entitled maternity prescribed.
c) Where the surrogate mother through death or risk that is no longer healthy enough to care for children under the certification of the medical examination and treatment when the child is not competent enough 06 months old, the husband of the mother through surrogacy or who directly nourished by leave under the maternity regime for the remaining period of the mother through surrogacy prescribed at Point b of this Clause;
d ) If the father through surrogacy or who directly nourished provisions in point c of this Article are insured without social compulsory leave apart wage are also entitled to maternity for time rest of surrogate mothers through prescribed at Point b of this Clause;
e) If, after giving birth, if children under 06 months old and die, thanks to a surrogate mother are entitled to pregnancy leave Is stipulated in Paragraph 3 of Article 34 of the Social Insurance Law.
2. The level of the mother's pregnancy through surrogacy shall comply with the provisions of Article 39 of the Social Insurance Law and is calculated on the basis of the average monthly wage of social insurance contribution of 06 months before leave under the maternity of the surrogate mother through.
3. Time off for maternity leave entitlement from 14 working days or more in the month, the time will be counted as social insurance contribution, this time thanks to a surrogate mother and employers who are not social insurance contribution.
Where the surrogate mother by terminating the labor contract, contract work or resign before the adoption, the period of leave does not count as real-time insurance payment society.
Article 5. Procedures entitled to maternity for women employees surrogacy and surrogacy mothers by
1. Profile entitled to maternity for women employees surrogacy when pregnancy tests, abortion, abortion, abortion, stillbirth or abortion disease, including:
a) the certificate of leave under the social insurance Assembly for outpatient cases, original or copy paper discharged to inpatient cases;
b) List employees leave under the maternity regime by the employer up.
2 . Profile entitled to maternity for women employees surrogate childbirth, including:
a) A copy of the agreement of surrogacy for humanitarian purposes as defined in Article 96 of the Law on Marriage and Family 2014 families; written confirmation of the time of delivery of the child through surrogacy and surrogacy side;
b) Copy of birth certificate or a copy of child's birth certificate;
c) List of employees entitled to maternity by Employers who set up;
d) If the child dies that time entitled to 60 days maternity leave is not enough, the extra copy of the death certificate;
e) In the case of death after birth but not yet granted birth certificate, the more extracts of paper medical records or discharge of the mother;
e) In case after childbirth that women workers surrogate dies, a copy of the death certificate bearing female workers Surrogacy;
g) In the case of female workers during pregnancy surrogacy leave to pregnant nursing facility designated by the medical examination and treatment, the more competent a certificate of medical examination and treatment competent patients.
3. Profile settle convalescence entitled recharge after maternity for pregnant women workers performing household as defined in Article 103 of the Social Insurance Law.
4. Profile maternity entitlement to the mother through the labor surrogacy surrogate female children, including:
a) A copy of the agreement of surrogacy for humanitarian purposes as defined in Article 96 of the Law on Marriage and Family in 2014; written confirmation of the time of delivery of the child through surrogacy and surrogacy side;
b) Copy of birth certificate or a copy of child's birth certificate;
c) List of employees entitled to maternity by Employers who set up;
d) In the case of surrogate mothers die because there are more copies of the death certificate;
e) In the event thanks to a surrogate mother no longer healthy enough to take care of children, they have More confirmation of clinics and treatment authorized;
e) In the case of children under 06 months old and die, the extra copy of the death certificate.
5. Profile maternity entitlement to the husband while pregnant female employees maternity protection as provided for in Paragraph 4 of Article 101 of the Social Insurance Law.
6. Solve maternity entitlement to women workers surrogacy and surrogacy mothers thanks be made under the provisions of Article 102 of the Social Insurance Law.
a) The employee shall submit the documents referred Point a Paragraph 1, Points a, b, d, e, f and g, Clause 2, and Points a, b, d, e and f, Clause 4 and Clause 5 of this Article to the employer but not too 45 days after returning to work.
Where laborers terminate the labor contract, contract work or resign before the birth, the time of receiving the submission and presentation of social insurance books opportunity for social insurance agencies where they reside.
b) Within 10 days after receiving a complete dossier from the employee, the employer shall make the records specified in paragraphs 1, 2 , 3, 4 and 5 of this Article submitted to the social insurance agency.
c) Social Insurance Agency has the responsibility to address and organize payments to employees within 10 days of receipt prescribed documents from employers. Within 05 working days from the date of receiving complete dossiers as prescribed from the employee terminates the employment contract, contract work or resign before the birth, the time of adoption, insurance agencies society must solve and organizations to pay for workers.
Where the social insurance agencies are not resolved, they must reply in writing and stating the reason.
7. The resolution entitled to social insurance outside the time limit will be conducted under the provisions of Article 116 of the Social Insurance Law.
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