What is the dossier for male employees to enjoy the maternity benefits in Vietnam?
What is the dossier for male employees to enjoy the maternity benefits in Vietnam?
In Article 101 of the Law on Social Insurance 2014, there are regulations on the dossier for male employees to enjoy the maternity benefits as follows:
Dossier for enjoyment of the maternity benefits
1. A dossier for a female employee to enjoy the maternity benefits must comprise:
a/ A copy of the birth registration certificate or birth certificate of the child;
b/ A copy of the child’s death certificate, in case the child dies, or copy of the mother’s death certificate, in case the mother dies in childbirth;
c/ A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;
d/ An extract of the mother’s medical record or hospital discharge paper in case the child dies after birth without being granted the birth certificate;
dd/ A competent health establishment’s certificate stating that the female employee has to take leave for pregnancy care, in the case specified in Clause 3, Article 31 of this Law.
2. Female employees who have prenatal checks-up, miscarriage, abortion, stillbirth or pathological abortion, or employees who apply contraceptive measures specified in Clause 1, Article 37 of this Law shall produce a certificate of their leave under the social insurance benefits, in case of outpatient treatment, or an original or a copy of the hospital discharge paper, in case of inpatient treatment.
3. Employees who adopt under-6-month children shall produce a child adoption certificate.
4. Male employees who wish to take leave due to their wives’ childbirth shall produce a copy of the child’s birth certificate or birth registration certificate, and a health establishment’s certificate, in case their wives have a surgical birth or give birth to children under 32 weeks of pregnancy.
5. The employer-made list of employees taking leave for enjoyment of the maternity benefits.
Thus, the dossier for male employees to enjoy the maternity benefits includes:
Case 1: Male employees who wish to take leave due to their wives’ childbirth, dossier includes:
- a copy of the child’s birth certificate;
- a health establishment’s certificate in case their wives have a surgical birth or give birth to children under 32 weeks of pregnancy.
Case 2: Male employees who adopt under-6-month children, dossier includes: a child adoption certificate.
In addition, to enjoy maternity benefits, there must be a list of employees taking leave to enjoy maternity benefits prepared by the employer.
What is the dossier for male employees to enjoy the maternity benefits in Vietnam?
What is the lump-sum allowance upon childbirth or child adoption in Vietnam?
In Article 38 of the Law on Social Insurance 2014, there are regulations on lump-sum allowance upon childbirth or child adoption as follows:
Lump-sum allowance upon childbirth or child adoption
Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.
In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.
Thus, in case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.
The current statutory pay rate is 1,800,000 VND/month.
What are the conditions for enjoying the maternity benefits in Vietnam?
Pursuant to Article 31 of the Law on Social Insurance 2014, it is stipulated as follows:
Conditions for enjoying the maternity benefits
1. Employees shall be covered by the maternity benefits in one of the following cases:
a/ Pregnant female employees;
b/ Female employees giving birth to children;
c/ Female employees as surrogate mothers and intended mothers;
d/ Employees adopting under-6-month children;
dd/ Female employees having intrauterine devices or employees taking sterilization measures;
e/ Male employees currently paying social insurance premiums whose wives give birth to children.
2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.
3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.
4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.
Thus, the current conditions for enjoying the maternity benefits are implemented according to the above regulations
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