In Article 187, the 2015 Penal Code stipulates the "Crime of organizing surrogacy for commercial purposes" as follows:

1. Anyone who organizes surrogacy for commercial purposes shall be fined from 50,000,000 VND to 200,000,000 VND, subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. Committing a crime in one of the following cases shall be punished with imprisonment from 01 year to 05 years:

a) For 02 or more people;

b) Committing the crime 2 times or more;

c) Taking advantage of the name of an agency or organization;

d) Dangerous recidivism.

3. The offender may also be fined from 10,000,000 VND to 50,000,000 VND, banned from holding certain positions, practicing certain occupations or doing certain jobs for 01 to 05 years.

Conditions for surrogacy for humanitarian purposes

- Surrogacy for humanitarian purposes must be carried out on a voluntary basis by the parties and documented.

- Couples have the right to ask a surrogate mother when the following conditions are met:

+ There is confirmation from a competent medical organization that the wife cannot get pregnant and give birth even when assisted reproductive techniques are applied;

+ The couple does not have children together;

+ Have received medical, legal and psychological advice.

- The person being asked to be a surrogate mother must meet the following conditions:

+ Is a relative of the wife or husband's side asking for gestational surrogacy;

+ Have given birth before and can only be a surrogate mother once;

+ Be of appropriate age and have certification from a competent medical organization regarding the ability to become a surrogate mother;

+ In case the surrogate mother has a husband, she must have the husband's written consent;

+ Have received medical, legal and psychological advice.

- Surrogacy for humanitarian purposes must not violate the law on giving birth using assisted reproductive technology.

- Medical examination and treatment facilities permitted to perform surrogacy techniques for humanitarian purposes must meet the following conditions:

+ Have at least 02 years of experience performing in vitro fertilization technique, from the date the Ministry of Health allows this technique to be performed;

+ The total number of in vitro fertilization cycles is at least 1,000 cycles per year for 02 years.

(Article 95, Law on Marriage and Family 2014, Clause 3, Article 1, Decree No. 98/2016/ND-CP).