Vietnam’s Legal Framework on Surrogacy: Prohibition of Commercial Surrogacy and Regulation of Humanitarian Surrogacy

Vietnam is currently facing an alarming infertility rate. Taking advantage of this situation, many actors have engaged in profiteering activities by brokering “womb rental” – surrogacy for commercial purposes. Such practices carry serious consequences, including risks to the surrogate mother’s health and life since childbirth is inherently life-threatening (“giving birth is passing through the door of death”); cases where the surrogate mother refuses to hand over the child after birth; or where the commissioning party declines to accept the child.

In many countries, surrogacy is absolutely prohibited in all forms. By contrast, Vietnamese law only allows surrogacy for humanitarian purposes.

This topic has been discussed in a prior article; however, two notable legal provisions are highlighted below:

1. Surrogacy for Commercial Purposes Constitutes a Criminal Offense

Under Article 187 of the 2015 Penal Code, any person organizing surrogacy for commercial purposes commits the offense of “organizing surrogacy for commercial purposes” and may be subject to a fine ranging from VND 50,000,000 to VND 200,000,000, non-custodial reform of up to 2 years, or imprisonment from 3 months to 2 years.

Article 187. Organizing Surrogacy for Commercial Purposes

Any person who organizes surrogacy for commercial purposes shall be subject to a fine of between VND 50,000,000 and VND 200,000,000, non-custodial reform of up to 2 years, or imprisonment from 3 months to 2 years.
Where the offense falls under one of the following circumstances, the offender shall be subject to imprisonment of between 1 year and 5 years:
a) The offense involves 2 or more persons;
b) The offense is committed twice or more;
c) The offense is committed by abusing the name of an agency or organization;
d) The offense is committed in a case of dangerous recidivism.
The offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for 1 to 5 years.

2. New Government Decree No. 207/2025

Decree No. 207/2025, issued on July 15, 2025 and effective from October 1, 2025, provides for the donation, receipt, use, storage, and deposit of sperm, oocytes, and embryos; childbirth by assisted reproductive technologies (ART); conditions, dossiers, procedures, and competence for licensing medical establishments to perform in-vitro fertilization (IVF) and humanitarian surrogacy; as well as conditions for humanitarian surrogacy.

Under this Decree, the principles governing ART and humanitarian surrogacy are limited to infertile couples, couples with medical indications, and single women who wish to bear children.

Article 3. Principles for the Application of Assisted Reproductive Technologies and Humanitarian Surrogacy

The donation of sperm, oocytes, and embryos in assisted reproductive technologies must comply with the principle that donation may only take place at establishments licensed to store sperm, oocytes, and embryos.
Donated sperm, oocytes, and embryos may only be used for one woman or one married couple for childbearing purposes.
Donation and receipt of sperm and embryos must be anonymous between the donor and the recipient.
Assisted reproductive technologies shall only be applied to infertile couples, couples with medical indications, and single women with a desire to bear children.
Commissioning couples, surrogate mothers, and children born through humanitarian surrogacy shall be guaranteed safety in respect of their private life, personal secrets, and family secrets, which shall be respected and protected by law.