Vietnam: How long is the maternity leave period? What is the allowance level of maternity benefits for female employees when giving birth?
How long is the maternity leave period in Vietnam?
Pursuant to Article 34 of the Law on Social Insurance 2014 as follows:
Leave period for childbirth
1. Female employees are entitled to a 6-month leave before and after childbirth under 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.
3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.
4. In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to maternity leave for the remaining period applicable to the mother as specified in Clause 1 of this Article. In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.
5. The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of this Article is entitled to not only his/her salary but also the maternity benefits for the remaining period applicable to the mother as specified in Clause 1 of this Article.
6. In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.
7. The maternity leave period specified in Clause 1, 3, 4, 5 or 6 of this Article is inclusive of public holidays, New Year holidays, and weekends.
Thus, female employees are entitled to a 6-month leave before and after childbirth under 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.
However, the maternity leave period before childbirth must not exceed 2 months.
What is the allowance level of maternity benefits for female employees in Vietnam when giving birth?
Pursuant to Clause 1, Article 39 of the Law on Social Insurance 2014 as follows:
Allowance levels of the maternity benefits
1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:
a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;
b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.
Thus, each month of maternity leave, female employees will receive an amount corresponding to 100% of the average salaries of 6 months preceding the leave on which social insurance premiums are based.
Can employers in Vietnam allow female employees who have taken maternity leave for 3 months to return to work?
Pursuant to Article 40 of the Law on Social Insurance 2014 as follows:
Female employees going to work prior to the expiration of the maternity leave period
1. Female employees may go to work prior to the expiration of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following conditions:
a/ Having taken a leave for at least 4 months;
b/ Notifying in advance their wish to go to work prior to the expiration of the maternity leave period and obtaining the consent of their employers.
2. Female employees who go to work prior to the expiration of the maternity leave period are entitled to not only salaries but also maternity benefits until the expiration of the period specified in Clause 1 or 3, Article 34 of this Law.
Thus, in case female employees take maternity leave for at least 4 months, employers in Vietnam may allow them to return to work.
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