What are the conditions for enjoying the maternity benefit of male foreign employees under Vietnamese law?
- What are the conditions for enjoying the maternity benefit of male foreign employees in Vietnam?
- How many days-off of maternity leave can male foreign employees in Vietnam have?
- How much is the amount of the maternity benefit for foreign male employees in Vietnam?
- What are the documents and procedures for enjoying the maternity benefits of foreign male employees in Vietnam?
What are the conditions for enjoying the maternity benefit of male foreign employees in Vietnam?
Regarding the maternity benefit for foreign male employees in Vietnam, Clause 1, Article 7 of Decree 143/2018/ND-CP of Vietnam clearly states:
Maternity benefit
1. Eligibility requirements for entitlement to the parental benefit shall be subject to Article 31 of the Law on Social Insurance.
According to this regulation, male foreign employees shall be covered by the maternity benefits if the following conditions are met:
- Currently paying social insurance premiums.
In which, foreigners paying social insurance premiums are those who work in Vietnam, have a work permit or a practice certificate or a practice license issued by a competent authority of Vietnam and have an employment contract for full 01 year or more with the employer in Vietnam.
But they do not include foreign employees moving within the enterprise and foreign employees who have reached retirement age.
- Having wives who give birth to children.
What are the conditions for enjoying the maternity benefit of male foreign employees under Vietnamese law?
How many days-off of maternity leave can male foreign employees in Vietnam have?
According to Point c, Clause 2, Article 7 of Decree No. 143/2018/ND-CP of Vietnam, the maternity leave period for male foreign employees is similar to that for Vietnamese employees.
Pursuant to Article 34 of the 2014 Law on Social Insurance of Vietnam, foreign male employees whose wives give birth to children will be entitled to maternity leave for the following period:
- The usual case:
Foreign male employees are entitled to leave as follows:
Wife with twins or more that need surgery: Number of days off = 14 working days.
Twin wife: Number of days off = 10 working days.
Wife giving birth to triplets or more: Number of days off = 10 working days + 03 working days x (Number of children born - 2).
Wife giving birth to a child requiring surgery, giving birth to a child under 32 weeks old: Number of days off = 07 working days.
The remaining case: Number of days off = 05 working days.
- In case the wife dies after giving birth:
If a male employee and his wife both participate in compulsory social insurance, a male employee is entitled to the following number of days off:
Number of days off = Wife's remaining maternity leave period
Only male employees participate in compulsory social insurance:
Number of days off = 06 months from the date of birth
How much is the amount of the maternity benefit for foreign male employees in Vietnam?
Pursuant to Clause 3, Article 7 of Decree 143/2018/ND-CP of Vietnam and the guidance in Official Dispatch 2161/LDTBXH-BHXH in 2020, Article 37 of the 2014 Law on Social Insurance of Vietnam and Article 38 of the 2014 Law on Social Insurance of Vietnam, then foreign male employees who are eligible for maternity benefits will have the opportunity to receive the following amounts:
(1) Maternity benefits
Foreign male employees only need to participate in compulsory social insurance to receive maternity benefits when giving birth.
Usual case:
Maternity benefits = Average monthly salary on which social insurance premiums are based in the 6 months before the wife gives birth : 24 x Number of days of leave
- In case the wife dies after giving birth:
Maternity benefits = Average monthly salary on which social insurance premiums are based in the 6 months before the wife gives birth x Number of months of leave
(2) Lump sum allowance when wife gives birth
When his wife gives birth to a child, a foreign male employee also has the opportunity to receive a lump sum allowance if he falls into one of the following cases:
- Only male employees pay compulsory social insurance: Must have paid social insurance for full 06 months or more in the 12 months before the wife gives birth.
- Wife participates in social insurance but is not eligible for maternity benefits when giving birth: Male employees must pay social insurance for full 06 months or more in the 12 months before the wife gives birth.
Lump sum allowance when wife gives birth/child = 2 x Statutory pay rate
What are the documents and procedures for enjoying the maternity benefits of foreign male employees in Vietnam?
According to Clause 1, Article 15 of Decree No. 143/2018/ND-CP of Vietnam, the procedures for settling maternity benefits for foreign employees will be similar to those for Vietnamese employees.
Pursuant to Decision 166/QD-BHXH in 2019 and Decision 222/QD-BHXH in 2021, male foreign employees need to prepare documents and carry out the entitlement procedures as follows:
* Dossier for maternity benefits:
- Copy of birth certificate or copy of birth certificate or birth extract of the child.
- In case the wife gives birth by surgery or gives birth to a child under 32 weeks old but the birth certificate does not show: Prepare additional documents of the medical examination and treatment establishment showing this.
- In case the child dies immediately after birth without a birth certificate: Use a copy or summary of the medical record or the mother's hospital discharge paper showing the child's death.
Note: The above documents, which are issued by foreign countries, must be translated into Vietnamese and authenticated.
* Procedures for enjoying maternity benefits:
Step 1: Prepare documents.
Step 2: Submit the application to the employer.
Time limit for submission: No more than 45 days from the date the employee returns to work after the time off.
Step 3: The user completes the profile and submits it to the social insurance agency.
Deadline for submission: Within 10 days from the date of receipt of complete dossiers of employees.
Step 4: Receive maternity benefits.
- Time limit for settlement: Up to 06 working days from the date of receiving complete dossiers of enterprises.
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