Circular No. 32/2016/TT-BYT stipulates the payment of actual expenses to ensure reproductive health care for the party requesting surrogacy for humanitarian purposes, issued by the Minister of Health.

CIRCULAR

Regulations on the payment of actual expenses to ensure reproductive health care for the gestational carrier for humanitarian purposes

Cognizant of the Law on Marriage and Family dated June 19, 2014;

Based on the opinions of the Ministry of Finance in Circular No. 12864/BTC-HCSN dated September 15, 2016;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

The Minister of Health issues this Circular to regulate the payment of actual expenses to ensure reproductive health care for the gestational carrier for humanitarian purposes.

At the proposal of the Director of the Department of Planning and Finance,

This Circular regulates the payment of actual expenses to ensure reproductive health care for the gestational carrier for humanitarian purposes, which are the responsibility of the person seeking surrogacy, arising in the following cases:

Article 1. Scope of Regulation

1. The preparatory stage for pregnancy;

2. The process of applying embryo transfer techniques for the gestational carrier for humanitarian purposes;

3. Techniques, examinations, screenings, treatments, and handling of fetal abnormalities (if any), and monitoring and caring for the fetus;

4. The childbirth process and postpartum care for 42 days after childbirth for the gestational carrier or until the time the child is handed over to the person seeking surrogacy;

5. General health check-ups for the gestational carrier after childbirth;

6. Examinations, treatments, and health care in cases where the gestational carrier has postpartum complications related to reproductive health.

1. The person seeking surrogacy for humanitarian purposes (the couple seeking surrogacy);

Article 2. Applicability

This Circular applies to:

2. The gestational carrier for humanitarian purposes (the gestational carrier, husband of the gestational carrier, if any);

Article 3. Actual expenses to ensure reproductive health care for the gestational carrier for humanitarian purposes

3. Relevant agencies, organizations, and individuals.

1. Mandatory expenses that the person seeking surrogacy must pay:

a) Travel expenses to healthcare facilities for counseling, examination, health monitoring, and medical services: determined based on the ticket price, invoice, or payment receipt from the transportation provider.

b) Medical-related expenses including:

- Expenses for counseling, medical services, and medical techniques in supporting and ensuring reproductive health care, paid based on invoices and payment receipts for medical services provided to the gestational carrier according to the service fee levels set by the competent authority applicable at the healthcare facility in accordance with laws on health insurance and medical services;

- Expenses for various types of medicines, blood, intravenous fluids, chemicals, consumable materials, and replacement materials not included in the medical service fee, paid based on invoices and payment receipts for the actual quantity used for the gestational carrier as prescribed by the doctor, consistent with the professional guidelines and technical directives issued by the Minister of Health and the purchase price stipulated by law;

- Expenses for services without a set price by the competent authority shall be settled based on invoices and payment receipts from the healthcare facility reflecting the actual cost of providing the service.

c) Nutritional expenses to ensure the health of the gestational carrier and hygiene supplies before, during, and after childbirth for the gestational carrier, agreed upon between the person seeking surrogacy and the gestational carrier: determined based on invoices (if available) or payment receipts.

2. Other expenses outside those specified in Article 1 and Clause 1 of this Article shall be agreed upon by both parties: determined based on the written agreement between the two parties.

2. Other expenses not provided for in Article 1 and Clause 1 of this Article shall be determined by mutual agreement between the parties and set forth in the agreement document between the two parties.

Article 4. Obligation to pay costs

1. The party requesting surrogacy must fully cover all costs as stipulated in Article 3 of this Circular for the charitable surrogacy carrier who does not have a health insurance card.

2. The charitable surrogacy carrier with a health insurance card shall use healthcare services at medical facilities covered by the insurer according to the provisions of Article 3 of this Circular within the scope of benefits and entitlements prescribed by laws on health insurance. The party requesting charitable surrogacy shall be responsible for paying the costs specified in Article 3 of this Circular after deducting the portion paid by the social insurance agency (if applicable).

Article 5. Effective Date

This Circular takes effect from November 1, 2016.

Article 6. Responsibility for Implementation

1. The party requesting charitable surrogacy shall be responsible for implementing the provisions of this Circular.

2. The surrogacy carrier shall be responsible for complying with regulations on examination, screening procedures to detect and treat fetal abnormalities and defects as prescribed by the Minister of Health.

3. Medical facilities shall be responsible for:

a) Providing reproductive health care services to the charitable surrogacy carrier according to the technical procedures established by the competent authority.

b) Cooperating with the social insurance organization to implement the payment of reproductive health care insurance costs according to the provisions of laws on health insurance.

4. The Vietnam Social Security shall direct local social security agencies, the Ministry of Defense Social Security, and the People's Public Security Social Security to process payments for reproductive health care costs for charitable surrogacy carriers with health insurance cards when using reproductive health care services at medical facilities within the scope of benefits and entitlements prescribed by laws on health insurance.

5. The Director of the Office of the Ministry of Health, Heads of Departments, Directors of Bureaus, General Directors of Departments, Bureaus, and General Departments under the Ministry of Health, Provincial Health Directors, Heads of Health Ministries, and related units shall be responsible for enforcing the provisions of this Circular.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals shall promptly report to the Ministry of Health (Department of Planning and Finance) for research and resolution.