What is the application for enjoyment of the maternity benefits for male employees in Vietnam in 2024?
- What are the regulations on allowance levels of the maternity benefits for male employees in Vietnam in 2024?
- What is the application for enjoyment of the maternity benefits for male employees in Vietnam in 2024?
- What are the guidelines to calculate the average monthly salary paid for social insurance as a basis for entitlement to meternity leave in Vietnam in 2024?
What are the regulations on allowance levels of the maternity benefits for male employees in Vietnam in 2024?
There are 2 timelines for the application of allowance levels of the maternity benefits for male employees when their wife gives birth in 2024 as follows:
*From January 1 to June 30, 2024
Currently, the allowance levels of the maternity benefits for male employees is specified in Point b, Clause 1, Article 39 of the Law on Social Insurance 2014, which stipulates 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.
2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.
3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.
According to the above regulations, the allowance levels of the maternity benefits are as follows:
Case 1: Employees who adopt under-6-month children
A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based
In case of odd days, the per- diem allowance must equal the monthly allowance divided by 30 days
Case 02: Employees taking sterilization measures
The per- diem allowance for employees taking sterilization measures must equal the monthly allowance divided by 30 days. Where:
+ 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 is the average of salaries of the months for which social insurance premiums have been paid
Case 03: Male employees currently paying social insurance premiums whose wives give birth to children
- The per-diem allowance for the case must equal the monthly maternity allowance divided by 24 days. Where:
+ 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 is the average of salaries of the months for which social insurance premiums have been paid
*Lump-sum allowance upon childbirth or child adoption
Pursuant to Article 38 of the Law on Social Insurance 2014, the lump-sum allowance upon childbirth or child adoption is as follows:
- 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.
(The current statutory pay rate is VND 1,800,000/month)
*From July 1, 2024
On November 10, the National Assembly passed a Resolution on the 2024 state budget estimate. The resolution clearly states that, from July 1, 2024, comprehensive reform of salary policy will be implemented according to Resolution 27-NQ/TW of 2018 of the Seventh Conference of the 12th Central Executive Committee.
Specifically, in Clause 1, Article 3 of Resolution 104/2023/QH15, from July 1, 2024, officials and public employees will have a comprehensive reform of salary policy. From this date, the statutory pay rate will be abolished and instead new payrolls will be established in specific amounts.
Thus, when salary reform occurs from July 1, 2024, the allowance levels of the maternity benefits will also change.
What is the application for enjoyment of the maternity benefits for male employees in Vietnam in 2024? (Image from the Internet)
What is the application for enjoyment of the maternity benefits for male employees in Vietnam in 2024?
In Article 101 of the Law on Social Insurance 2014, there are regulations on the husband's application for maternity leave 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 application for enjoyment of the maternity benefits for male employees in 2024 include:
Case 1: For male employees who wish to take leave due to their wives’ childbirth, the application includes:
- A copy of the child’s birth certificate or birth registration 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: For male employees who adopt under-6-month children, the application includes a child adoption certificate.
In addition, to enjoy the maternity benefits, the employer-made list of employees taking leave for enjoyment of the maternity benefits is also required.
What are the guidelines to calculate the average monthly salary paid for social insurance as a basis for entitlement to meternity leave in Vietnam in 2024?
Pursuant to Clause 1, Article 12, Circular 59/2015/TT-BLDTBXH, the guidelines to calculate the average monthly salary paid for social insurance as a basis for entitlement to meternity leave in 2024 are as follows:
Rate of entitlement to maternity benefits
1. The rate of entitlement to maternity benefits shall comply with the provisions in Clause 1, Article 39 of the Law on social insurance with the following guidelines:
a) The Average monthly salary paid for social insurance as a basis for entitlement to meternity leave is the average monthly salary paid for social insurance of the last 06 months before leave taking. If the time of social insurance payment is not consecutive, it shall be accrued.
Where the female employees work until the time of birth giving and the month of birth giving or child adoption is included in the period of 12 months prior to birth giving or child adoption, the Average monthly salary paid for social insurance of the last 06 months before taking leave, including the month of birth giving or child adoption.
...
For example:
Ms. C gives a birth on January 16, 2024, and has a period of time of social assurance payment as follows:
- From August 2023 to November 2023 (4 months), paying the social insurance on salary of 9,000,000 VND/month.
- From December 2023 to January 2024 (2 months), paying the social insurance on salary of 10,500,000 VND/month.
Thus, The average monthly salary paid for social insurance of the last 06 months before Ms C takes leave is calculated as follows:
= (9,000,000 x 4) + (10,500,000 x 2) / 6 = 9,500,000 VND/month.
Therefore, the average monthly salary paid for social insurance of the last 06 months prior to leaving taking as a basis for calculation of Ms C's is 9,500,000 VND/month.
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