Vietnam: Are employees on maternity leave entitled to pay? What does the maternity benefit profile for female employees giving birth include?
Are employees on maternity leave entitled to pay in Vietnam?
Pursuant to Article 168 of the Labor Code 2019 of Vietnam stipulates as follows:
Article 168. Participation in social insurance, health insurance and unemployment insurance
1. Employers and employees shall participate in compulsory social insurance, compulsory health insurance and unemployment insurance and enjoy the benefits in accordance with provisions of the Law on Social Insurance of Vietnam, health insurance and unemployment insurance.
Employers and employees are encouraged to obtain other kinds of insurance for employees.
2. The employer shall not be required to pay salary for an employee when the employee is on leave and receiving social insurance benefits, unless otherwise agreed by both parties.
3. Where an employee is not covered by compulsory social insurance, compulsory health insurance or unemployment insurance, the employer shall, in addition to and at the same time with salary payment, pay the employee an amount equal to the compulsory social insurance, compulsory health insurance, unemployment insurance premiums payable by the employer in accordance with regulations of Law on Social Insurance of Vietnam, health insurance and unemployment insurance.
At the same time, pursuant to Article 4 of the Law on Social Insurance of Vietnam 2014, it is as follows:
Article 4. Social insurance benefits
1. Compulsory social insurance covers the following benefits:
a/ Sickness;
b/ Maternity;
c/ Occupational accident and occupational disease;
d/ Retirement;
dd/ Survivorship allowance.
2. Voluntary social insurance covers the following benefits:
a/ Retirement;
b/ Survivorship allowance.
3. The supplementary retirement scheme shall be stipulated by the Government.
According to the above provisions, the maternity regime belongs to the social insurance regime as prescribed.
Accordingly, during the period when the employee is absent from work to enjoy the social insurance regime, the employer does not have to pay the employee's salary, unless otherwise agreed by the two parties.
Therefore, during the period when the employee takes maternity leave, he/she will not be entitled to receive a salary, unless there is an agreement between the employer and the employee.
Vietnam: Are employees on maternity leave entitled to pay? What does the maternity benefit profile for female employees giving birth include?
To enjoy maternity benefits in Vietnam, what conditions do employees need to have?
Pursuant to Article 31 of the Law on Social Insurance of Vietnam 2014, the conditions for enjoying maternity benefits for employees are as follows:
- Employees shall be covered by the maternity benefits in one of the following cases:
+ Pregnant female employees;
+ Female employees giving birth to children;
+ Female employees as surrogate mothers and intended mothers;
+ Employees adopting under-6-month children;
+ Female employees having intrauterine devices or employees taking sterilization measures;
+ Male employees currently paying social insurance premiums whose wives give birth to children.
- 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.
- 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.
- 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 on Social Insurance of Vietnam 2014.
How many weeks of pregnancy is maternity leave in Vietnam?
Pursuant to Article 34 of the Law on Social Insurance of Vietnam 2014, maternity leave when giving birth is prescribed as follows:
Article 34. Leave period for childbirth
1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.
The maternity leave period before childbirth must not exceed 2 months.
Accordingly, the period of maternity leave before and after childbirth will usually be 06 months and the prenatal leave will not exceed 02 months. Usually the due time is at 40 weeks gestation. Thus, from the 32nd week of pregnancy, female employees can apply for maternity leave.
What does the maternity benefit profile for female employees giving birth include in Vietnam?
Pursuant to Article 101 of the Law on Social Insurance of Vietnam 2014, the dossier of maternity benefits for female employees giving birth includes:
- A copy of the birth registration certificate or birth certificate of the child;
- 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;
- A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;
- 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;
- 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 on Social Insurance of Vietnam 2014.
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