Decree No. 207/2025/NĐ-CP provides for childbirth using assisted reproductive technology and the conditions for surrogacy for humanitarian purposes.

DECREE

Regulations on giving birth through assisted reproductive technologyand conditions for surrogacy for humanitarian purposes

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Marriage and Family No. 52/2014/QH13;

Pursuant to the Law on Organ, Tissue Donation, Transplantation and Cadaveric Donation No. 75/2006/QH11;

Pursuant to the Law on Medical Examination and Treatment No. 15/2023/QH15;

Pursuant to the Investment Law No. 61/2020/QH14;

At the proposal of the Minister of Health;

The Government promulgates this Decree stipulating regulations on giving birth through assisted reproductive technology and conditions for surrogacy for humanitarian purposes.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures for donation, receipt, use, storage, and transfer of sperm, ova, and embryos; giving birth through assisted reproductive technology; conditions, documents, procedures, and authorities' powers to permit medical examination and treatment facilities to perform in vitro fertilization and surrogacy for humanitarian purposes; and conditions for surrogacy for humanitarian purposes.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. In vitro fertilization is the process of combining an ovum with sperm in a laboratory to form an embryo.

2. Artificial insemination is the method of introducing washed and filtered sperm into the uterus of a woman to facilitate fertilization.

3. Infertility is the condition where a married couple, after living together for one year and engaging in sexual intercourse without using contraception, still does not conceive; or where a woman or man has a disability or medical condition that reduces their ability to conceive.

4. Single woman refers to a woman who is not in a marriage as defined by law.

5. Close relatives of the wife's or husband's side seeking surrogacy for humanitarian purposes include: siblings from the same parents, half-siblings from the same father or mother, and cousins.

Article 3. Principles for applying assisted reproductive technology and surrogacy for humanitarian purposes

1. Donations of sperm, ova, and embryos in assisted reproductive technology must follow the principle of being made only at a facility permitted to store sperm, ova, and embryos.

2. Sperm, ova, and embryos donated can only be used for one woman or one couple to give birth.

3. Donations and receptions of sperm and embryos must be conducted anonymously between the donor and recipient.

4. Assisted reproductive technology shall only be performed for infertile couples or those with medical indications, and single women who wish to do so.

5. Couples seeking surrogacy, surrogate mothers, and children born through surrogacy for humanitarian purposes shall be guaranteed privacy, personal confidentiality, family secrecy, and respect and protection under the law.

Chapter II
REGULATIONS ON DONATION, RECEIPT, USE, STORAGE, AND TRANSFER OF SPERM, OVUM, EMBRYOS; GIVING BIRTH THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY

Section 1

DONATION, RECEIPT, USE OF DONATED SPERM, OVUM, EMBRYOS AND DISPOSAL OF REMAINING SPERM, OVUM, EMBRYOS

Article 4. Regulations on donation of sperm, ova, and embryos

1. Donors of sperm, ova, and embryos:

a) Persons specified in Clause 1, Article 6 of the Law on Organ, Tissue Donation, Transplantation and Cadaveric Donation;

b) A couple after undergoing in vitro fertilization or surrogacy for humanitarian purposes, having surplus sperm, ova, or embryos, and not needing to use them;

c) A single woman after undergoing in vitro fertilization, having surplus ova, and not needing to use them.

2. Donors of sperm, ova, and embryos must not have hereditary diseases affecting future generations; must not suffer from mental illness or other diseases that prevent them from understanding and controlling their actions; must not be infected with HIV.

3. The disposal of remaining sperm, ova, and embryos after childbirth shall be carried out according to the provisions of Clause 2, Article 7 of this Decree.

Article 5. Conditions for sperm recipients, egg recipients, and embryo recipients to give birth through assisted reproductive technology

1. Sperm recipients must be the wife in a married couple undergoing infertility treatment where the cause of infertility is due to the husband, or single women who wish to have children and whose eggs ensure quality for fertilization.

2. Egg recipients must be Vietnamese citizens or Vietnamese-origin individuals, or foreign nationals with a Vietnamese or Vietnamese-origin husband, and must be the wife in a married couple undergoing infertility treatment where the cause of infertility is due to the wife not having eggs or her eggs not ensuring quality for fertilization.

3. Embryo recipients must fall under one of the following cases:

a) The wife in a married couple undergoing infertility treatment where the cause of infertility is due to both the wife and the husband;

b) The wife in a married couple undergoing infertility treatment who have already attempted in vitro fertilization but failed, except in cases of altruistic surrogacy;

c) Single women who do not have eggs or whose eggs do not ensure quality for fertilization.

4. Sperm recipients, egg recipients, and embryo recipients must meet the health requirements set forth by the Minister of Health to undergo in vitro fertilization techniques.

Article 6. Regulations on the use of donor sperm in artificial insemination techniques

1. The implementation of artificial insemination techniques using donor sperm must comply with the provisions of Article 3 of this Decree and must be carried out at facilities permitted to perform in vitro fertilization.

2. In cases where the sperm recipient has already given birth to a child, the handling of remaining donor sperm shall be conducted according to the provisions of Clause 2, Article 7 of this Decree.

Article 7. Regulations on the handling of surplus sperm, eggs, and embryos

1. In cases where a married couple has given birth using their own sperm, eggs, and embryos and still have surplus sperm, eggs, and embryos, or single women have given birth using their own eggs and still have surplus eggs, the handling of surplus sperm, eggs, and embryos shall be carried out according to the wishes of the married couple or the single woman, specifically as follows:

a) Submitting a request in accordance with Article 9 of this Decree;

b) Donating to a facility authorized to store them. The donation must be documented in writing with the consent of both spouses or the single woman, clearly stating permission for the donated sperm, eggs, or embryos to be used for the following purposes:

To give birth to a child through assisted reproductive technology for another infertile couple or single woman;

For scientific research purposes;

For both purposes: to give birth to a child through assisted reproductive technology for another infertile couple or single woman; and scientific research;

c) Requesting destruction.

2. In cases where a married couple or single woman has given birth using donated sperm, eggs, or embryos and still have surplus sperm, eggs, or embryos, the handling of surplus sperm, eggs, and embryos shall be carried out according to the wishes of the married couple or the single woman, specifically as follows:

a) Submitting a request in accordance with Article 9 of this Decree and can only be used to continue giving birth to a child for the same married couple or single woman;

b) Donating to a facility authorized to store them for use in scientific research purposes; the donation must be documented in writing with the consent of both spouses or the single woman;

c) Requesting destruction.

3. In cases where the married couple or single woman specified in Clauses 1 and 2 of this Article have donated sperm, eggs, or embryos but still wish to have more children, they have the right to request the facility to use the donated sperm, eggs, or embryos to perform assisted reproductive technology.

Section 2

 STORAGE AND TRANSFER OF SPERM, EGGS, AND EMBRYOS

Article 8. Storage of sperm, storage of ova, storage of embryos

1. The storage of sperm, storage of ova, and storage of embryos shall be carried out at:

a) Medical facilities that have been authorized by competent authorities to perform in vitro fertilization techniques;

b) Tissue banks in accordance with the provisions of laws on organ donation, removal, and transplantation.

2. The person sending sperm, sending ova, single women, or married couples sending embryos must pay storage and preservation costs through contracts in accordance with civil law regulations with the storage facilities, except in cases where sperm, ova, or embryos are donated.

In case the sender fails to pay the storage and preservation fees, after a six-month period, the storage facility has the right to destroy the stored sperm, ova, or embryos.

3. The person sending sperm, sending ova, or sending embryos has the right to request the transfer of stored sperm, ova, or embryos from one facility to another.

Article 9. Sending sperm, sending ova, sending embryos

1. The sending of sperm, sending of ova, and sending of embryos shall be carried out in the following cases:

a) A husband undergoing infertility treatment may send sperm;

b) A wife undergoing infertility treatment may send ova;

c) Married couples or single women undergoing infertility treatment may send embryos;

d) Individuals who wish to store personally.

2. In the event that the person sending sperm, sending ova, or sending embryos dies:

a) If the person sending sperm dies, the storage facility must destroy the stored sperm of that person, except in the following cases: the wife wishes to give birth using her deceased husband's sperm; or before death, the sender has a written statement expressing the desire to donate sperm to the storage facility according to this Decree;

b) If the person sending ova dies, the storage facility must destroy the stored ova of that person, except in the case where before death, the sender has a written statement expressing the desire to donate ova to the storage facility according to this Decree;

c) If the husband in a married couple sending embryos dies, the embryos of that couple must be destroyed, except in the following cases: the wife wishes to give birth using the couple's embryos; or the wife has a written statement donating embryos to the storage facility for scientific research or to assist another single woman or married couple in reproductive technology;

d) If the wife in a married couple or both spouses sending embryos die, the embryos of that couple must be destroyed, except in the case where there is a written statement from both spouses expressing the desire to donate embryos to the storage facility for scientific research or to assist another single woman or married couple in reproductive technology;

e) If a single woman sending embryos dies, the embryos of that person must be destroyed, except in the case where before death, that person has a written statement expressing the desire to donate embryos to the storage facility for scientific research.

3. In the case of a married couple sending embryos who have divorced:

a) The storage facility must destroy the stored embryos, except in the case where there is a written agreement from both spouses regarding: requesting continued storage of embryos and committing to pay storage costs according to the facility's regulations; or requesting donation of stored embryos to the storage facility for use in scientific research or to assist another single woman or married couple in reproductive technology;

b) The storage facility is permitted to use the embryos of a divorced couple to perform reproductive technology for the wife if there is a written agreement from both parties.

4. Any person using sperm, ova, or embryos under the circumstances specified in Clause 2 or Clause 3 of this Article to establish relationships outside of marriage shall comply with the provisions of marriage and family law and civil law.

Section 3

CONDITIONS, DOCUMENTS, PROCEDURES, AND AUTHORITY FOR PERMITTING THE PERFORMANCE OF IN-VITRO FERTILIZATION TECHNIQUESSHALL BE IMPLEMENTEDIN-VITRO FERTILIZATION TECHNIQUES

Article 10. Conditions for medical facilities permitted to perform in-vitro fertilization techniques

1. It must be a medical facility that has been granted a license to operate as a specialized hospital with obstetrics and gynecology services, capable of conducting reproductive endocrine testing and obstetric emergency procedures in accordance with regulations set forth by the Minister of Health.

2. It must have a dedicated unit for performing in-vitro fertilization techniques including rooms for egg retrieval, embryo transfer, sperm collection, sperm testing and washing, in-vitro fertilization laboratory.

3. It must have appropriate medical equipment suitable for assisted reproductive technologies it performs, at minimum including: incubators; warming cabinets; sperm, egg, and embryo storage devices; centrifuges; ultrasound machines; inverted microscopes, phase contrast microscopes, and devices for micromanipulation techniques; biosafety cabinets of level 2 or higher.

4. Personnel:

a) At least two practicing physicians specializing in obstetrics and gynecology with clinical training certificates in in-vitro fertilization techniques, confirmed to have directly performed at least 20 infertility treatment cycles using in-vitro fertilization techniques, issued by the medical facility as stipulated in Clause 5 of this Article according to the model specified in Appendix I attached to this Decree;

b) At least two individuals holding a bachelor's degree in medicine, pharmacy, biology, or biotechnology with practical training certificates in in-vitro fertilization laboratories, confirmed to have directly performed at least 20 infertility treatment cycles using in-vitro fertilization techniques, issued by the medical facility as stipulated in Clause 5 of this Article according to the model specified in Appendix I attached to this Decree;

c) The personnel specified in this Clause must be full-time employees of the hospital.

5. The certificates and training qualifications specified in Clause 4 of this Article must be issued by domestic or foreign medical facilities.

In cases where the issuing institution is a domestic medical facility, such facility must be authorized to perform in-vitro fertilization techniques, having conducted at least 1,000 infertility treatment cycles using in-vitro fertilization techniques, and must be a continuous medical knowledge updating institution.

In cases where the issuing institution is a foreign medical facility, the licensing authority shall conduct an actual assessment of the capability to perform the technique during the review process.

Article 11. Documents, Procedures, and Authority for Permitting the Performance of In-Vitro Fertilization Techniques

The documents, procedures, and authority for requesting permission and supplementing in-vitro fertilization techniques shall be carried out in accordance with the documents, procedures, and authority for adjusting the operating license under laws on medical examination and treatment.

Chapter III
CONDITIONS FOR CARRYING PREGNANCIES FOR ALTRUISTIC PURPOSES

Article 12. Conditions for medical facilities permitted to perform altruistic surrogacy techniques

1. Must have at least two years of experience performing in-vitro fertilization techniques, with the two most recent years up to the date of submitting the application having performed a minimum of 500 in-vitro fertilization cycles each year.

2. Must have a medical advisor who is a specialist obstetrician-gynecologist, a psychological counselor with a bachelor’s degree in psychology or higher or a physician with a certificate in the field of psychology, and a legal advisor with a bachelor’s degree in law or higher. The medical advisor must be an employee of the medical facility. The psychological and legal advisors can be employees of the medical facility or cooperative personnel as provided by law.

Article 13. Documents, procedures, and authority for granting permission to medical facilities to perform altruistic surrogacy techniques

1. The documents and procedures for requesting permission for medical facilities to perform altruistic surrogacy techniques shall be carried out according to the documents and procedures for adjusting the operating license under the laws on medical examination and treatment, including documents proving compliance with the conditions stipulated in Article 12 of this Decree.

2. The Minister of Health, the Minister of National Defense, and the Minister of Public Security shall decide on granting permission for medical facilities under their management to perform altruistic surrogacy techniques.

Article 14. Documents and procedures for requesting altruistic surrogacy

1. Infertile couples submit documents requesting to perform altruistic surrogacy techniques to medical facilities permitted to perform such techniques, including:

a) A request form for performing altruistic surrogacy techniques in accordance with the model prescribed in Appendix II attached to this Decree;

b) A confirmation from the People's Committee of the commune where the surrogate resides or the commissioning couple resides, or proof of kinship between the surrogate and the commissioning couple as provided for in Clause 5, Article 2 of this Decree based on related household registration documents that have been notarized or certified and bear responsibility before the law for the authenticity of the documents;

c) Documents proving that the surrogate has given birth before, including one of the following: Birth certificate or Birth certificate of the surrogate's child or a confirmation from the People's Committee of the commune where the surrogate resides;

d) An agreement on altruistic surrogacy as provided for in Article 96 of the Marriage and Family Law.

2. After receiving all required documents as stipulated in Clause 1 of this Article, the medical facility permitted to perform altruistic surrogacy techniques must examine the health of the surrogate and the infertile couple; confirm that the wife of the commissioning couple cannot conceive and give birth even when assisted reproductive technology is applied; and confirm the surrogate's ability to carry a pregnancy.

3. In cases where the surrogate and the infertile couple meet the health requirements for performing surrogacy, the medical facility permitted to perform altruistic surrogacy techniques:

a) Conduct and confirm counseling for all parties regarding medical and psychological aspects (benefits and risks that may occur during surrogacy), and legal aspects (rights and obligations of each party as prescribed by law);

b) Perform the surrogacy technique.

4. In cases where the surrogate and the infertile couple do not meet the health requirements for performing surrogacy, within ten working days, the medical facility permitted to perform altruistic surrogacy techniques must respond in writing and clearly state the reasons.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Decree takes effect from October 1, 2025.

2. The following regulations and documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 10/2015/NĐ-CP dated January 28, 2015 of the Government on in vitro fertilization and conditions for altruistic surrogacy;

b) Decree No. 98/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of Decree No. 10/2015/NĐ-CP dated January 28, 2015 of the Government on in vitro fertilization and conditions for altruistic surrogacy;

c) Clause 2, Article 19 of Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain provisions related to investment and business conditions under the management of the Ministry of Health;

d) Clause 9, Article 40 of Decree No. 96/2023/NĐ-CP dated December 30, 2023 of the Government detailing certain provisions of the Medical Examination and Treatment Law.

Article 16. Transitional Provisions

1. Medical facilities that have been recognized to perform in vitro fertilization and altruistic surrogacy techniques may continue their operations.

2. In cases where medical facilities have submitted applications for recognition to perform in vitro fertilization or altruistic surrogacy techniques before the effective date of this Decree but have not yet completed the process, they may continue to follow the procedures and processes set forth in the regulations and documents specified in Clause 2, Article 15 of this Decree.

Article 17. Responsibility for Implementation

1. The Ministry of Health shall be responsible for:

a) Inspecting, directing, urging, summarizing, and concluding the implementation of this Decree;

b) Establishing a shared database on assisted reproduction and prescribing information sharing on sperm donation, egg donation, embryo donation, and altruistic surrogacy among in vitro fertilization facilities and this database, ensuring that sperm donation, egg donation, embryo donation, and altruistic surrogacy are conducted in accordance with the law;

c) Issuing professional technical procedures in assisted reproduction; guiding the transfer and receipt of sperm, eggs, and embryos between storage facilities; health standards for recipients of sperm, eggs, and embryos; a minimum list of techniques in medical examination and treatment that in vitro fertilization facilities must perform; and prescribing statistical data management procedures for assisted reproduction.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and other relevant organizations and individuals shall be responsible for implementing this Decree.

 

Appendix I

MODEL OF CONFIRMATION OF PRACTICE

IN VITRO FERTILIZATION TECHNIQUE
(Attached to Decree No. 207/2025/NĐ-CP dated July 15, 2025 of the Government)(dated July 15, 2025 of the Government)

 

CERTIFICATE OF PRACTICE OF IN VITRO FERTILIZATION TECHNIQUE

………………………………..  ² … confirms:

Full name: …

Date of Birth: ...

Place of residence: …

ID card number/personal identification number/passport number ³: ………………………

Date of issue: …Issuing place: …

Professional degree: …⁴… Graduation year: …

Has directly practiced …(number)… cycles of in vitro fertilization on:

□ Clinical skills⁵                           □ Laboratory Skills⁵

At: ...⁶…do …⁷…guidance and achieve the following results:

1. Practice time: …

2. Professional competence: …⁸………………………………………

3. Professional ethics: …⁹…………………………………………

The medical examination and treatment facility is responsible for this Confirmation Certificate.

 

_____________________

¹ Name of the managing agency of the medical examination and treatment facility.

² Name of the medical examination and treatment facility (as stipulated in Clause 5, Article 10 of this Decree)

³ Record the citizen identification number, if not available, record the personal identification number, valid passport number.

⁴ Record clearly according to the professional qualification obtained from training.

⁵ Check the appropriate box.

⁶ Record clearly the name of the professional department that has been practiced.

⁷ Full name of the person primarily responsible for guiding the practice.

⁸ Specific comments on the ability to perform in vitro fertilization techniques.

⁹ Specific comments on communication and conduct of the applicant during practice with colleagues and patients. 

¹⁰ Head or person authorized by the head to sign and write full name and stamp.

 

Seal Registration Certificate

APPLICATION FORM

TO PERFORM SURROGACY TECHNIQUE FOR HUMANITARIAN PURPOSES
(Attached to Decree No. 207/2025/NĐ-CP dated July 15, 2025 of the Government)

dated July 15, 2025 of the Government)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

……., day …month …year ...

PETITION FOR APPLICATION
TO PERFORM SURROGACY TECHNIQUE FOR HUMANITARIAN PURPOSES

Respectfully submitted to: ...¹

I. SECTION FOR THE COUPLE SEEKING SURROGACY (THE PARTY SEEKING SURROGACY)²

1. Information of the wife:

Full name at birth: …

Date of Birth: ...

Personal identification number: …

Phone: …

Place of permanent residence: …

2. Information of the husband:

Full name at birth: …

Date of Birth: ...

Personal identification number: …

Phone: …

Permanent Residence: ...

Marriage certificate: number…, Date of issue …

Issuing authority: …

3. Summary of reasons for requesting surrogacy technique

……………….………….……………….………….……………….………….……………….….

4. We (the couple seeking surrogacy) hereby declare that we currently have no common children.

5. We declare that the party performing surrogacy is a close relative of the same generation of:

Wife of the party seeking surrogacy □                       Husband of the party seeking surrogacy □

We agree to request the parties listed in Section II to perform surrogacy for humanitarian purposes.

 

____________________

¹ Record the name of the facility permitted to perform surrogacy for humanitarian purposes.

² In cases where administrative procedures are conducted through electronic means and connected to the national population database, only three pieces of information need to be recorded: full name at birth; date of birth; personal identification number.

 

II. SECTION FOR THE WOMAN/HUSBAND OF THE WOMAN PERFORMING SURROGACY (THE PARTY PERFORMING SURROGACY)²

1. Information of the woman/wife:

Full name at birth: …

Date of Birth: ...

Personal identification number: …

Phone: …

Permanent Residence: ...

2. Information of the husband (if applicable):

Full name at birth: …

Date of Birth: ...

Personal identification number: …

Phone: …

Permanent Residence: ...

Marriage certificate: number…, Date of issue …

Issuing authority: …

I (the surrogate) declare that I have given birth before, have never performed surrogacy, and voluntarily agree to perform surrogacy for humanitarian purposes.

I (husband of the surrogate) agree to allow my wife to perform surrogacy (in case the woman performing surrogacy has a husband).

We declare that the party seeking surrogacy is a close relative of the same generation of:

Woman/wife performing surrogacy □             Husband of the surrogate □

I/We agree to perform surrogacy for humanitarian purposes for the parties listed in Section I.

 

 

III. SECTION FOR THE PEOPLE'S COMMITTEE OF THE COMMUNE WHERE PERMANENT RESIDENCE IS LOCATED³

The People's Committee of the commune confirms:

1. Confirming that the party seeking surrogacy does not have any common children.

2. Confirming that the party performing surrogacy has given birth before.

The woman/wife performing surrogacy/husband of the surrogate has a close relationship of the same generation with the wife/husband of the party seeking surrogacy.

 

_____________________

³(1) In cases where the party performing surrogacy and the party seeking surrogacy have the same place of permanent residence, the People's Committee of the place of permanent residence shall confirm both items.

(2) In cases where the party performing surrogacy and the party seeking surrogacy do not have the same place of permanent residence, each party must submit one application form, in which: (i) The People's Committee of the place of permanent residence of the party seeking surrogacy shall confirm item 1; (ii) The People's Committee of the place of permanent residence of the party performing surrogacy shall confirm item 2; (iii) The People's Committee of the place of permanent residence of the party seeking surrogacy or of the party performing surrogacy shall confirm item 3 appropriately.