How long is the maternity leave period for childbirth in Vietnam in 2023? How long do I have to wait before receiving my maternity pay?
How long are employees entitled to maternity leave?
Pursuant to Article 34 of the 2014 Law on Social Insurance of Vietnam on the leave period for childbirth as follows:
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.
2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
a/ 5 working days;
b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
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Thus, the leave period for childbirth is prescribed by law as follows:
- 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.
- Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:
+ 5 working days;
+ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;
+ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;
+ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.
+ The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.
How long is the maternity leave period for childbirth in Vietnam in 2023? How long do I have to wait before receiving my maternity pay? (Image from the Internet)
How long do I have to wait before receiving my maternity pay?
Pursuant to Article 102 of the 2014 Law on Social Insurance of Vietnam, the settlement of maternity benefits in Vietnam shall be carried out as follows:
- Within 45 days after return to work, an employee shall submit the dossier to his/her employer.
An employee who ceases working before the time of childbirth or child adoption shall submit the dossier and produce his/her social insurance book to the social insurance agency.
- Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.
Responsibilities of the social insurance agency:
- To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;
- To settle the social insurance benefits and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.
- If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.
Thus, within 10 days from the date of receipt of the dossier, the insurance agency must settle and organize the payment to the employee the sum entitled to the maternity regime.
If the employer fails to submit the application for maternity benefits in Vietnam, how will it be handled?
Pursuant to Clause 4, Article 41 of Decree No. 12/2022/ND-CP on penalties for administrative violations against other regulations on social insurance and unemployment insurance as follows:
Violations against other regulations on social insurance and unemployment insurance
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4. A fine ranging from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
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b) Failing to compile the list of employees or failing to prepare applications or failing to submit applications within the prescribed time limits as specified in Clause 2 Article 102, Clause 1 Article 103, Clause 1 Article 110, Clause 2 Article 112 of the Law on Social Insurance, or Clause 1 Article 59, Clause 1 Article 60 of the Law on occupational safety and health;
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In addition, in Clause 1, Article 6 of Decree No. 12/2022/ND-CP on fines, power to impose penalties, and rules for imposing penalties for repeated violations as follows:
Fines, power to impose penalties, and rules for imposing penalties for repeated violations
1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.
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Thus, if the employer fails to submit the application for settlement of maternity benefits, a fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on each employee, but not exceeding VND 75,000,000. The fine imposed upon an employer is twice as much as that imposed upon an individual for committing the same administrative violation.
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