What are maternity benefit levels for female employees giving birth in Vietnam? What are required documents for receipt of maternity benefit in Vietnam?

Hello, Lawnet would like to clarify your issue as follows:

1. What are maternity benefit levels for female employees giving birth in Vietnam?

According to Article 39 of the 2014 Social Insurance Law, the maternity benefits for female employees giving birth are as follows:

- Employees entitled to maternity benefits as stipulated in Articles 32, 33, 34, 35, 36, and 37 of this Law shall have their benefits calculated as follows:

+ The monthly benefit equals 100% of the average monthly salary on which social insurance contributions are based for the 6 months prior to taking maternity leave. In cases where the employee has not paid social insurance contributions for 6 months, the maternity benefits as stipulated in Articles 32, 33, clauses 2, 4, 5, and 6 of Article 34, and Article 37 of this Law shall be calculated based on the average monthly salary of the months during which social insurance contributions were made;

+ The daily benefit for cases stipulated in Article 32 and clause 2 of Article 34 of this Law is calculated by dividing the monthly maternity benefit by 24 days;

+ The benefit for giving birth or adopting a child is calculated according to the monthly allowance specified in point (a), clause 1 of this Article. In cases of fractional days or those specified in Articles 33 and 37 of this Law, the daily benefit is calculated by dividing the monthly allowance by 30 days.

- The period of maternity leave from 14 working days or more in a month shall be counted as the period during which social insurance contributions are made, and both the employee and the employer are exempt from paying social insurance contributions.

- The Minister of Labor - War Invalids and Social Affairs shall detail the conditions, duration, and benefits for the subjects stipulated in Article 24 and clause 1 of Article 31 of this Law.

Thus, a female employee giving birth will receive a monthly benefit equal to 100% of the average monthly salary on which social insurance contributions were based for the 6 months prior to taking maternity leave.

Additionally, if the female employee giving birth has not paid social insurance contributions for 6 months, the maternity benefit is calculated based on the average monthly salary of the months for which social insurance contributions were made.

2. What are required documents for receipt of maternity benefit in Vietnam in 2023?

According to Article 101 of the 2014 Social Insurance Law regarding the documentation for maternity benefits:

- Documentation for maternity benefits for female employees giving birth includes:

+ A copy of the child’s birth certificate or a copy of the birth record;

+ A copy of the child’s death certificate in case the child dies, or a copy of the mother's death certificate in case the mother dies after childbirth;

+ A certification from a competent medical facility regarding the mother’s health condition if she is unable to care for the child after childbirth;

+ An extract of the medical record or the mother’s discharge paper in case the child dies after birth but before being issued a birth certificate;

+ A certification from a competent medical facility confirming that the female employee must take leave to care for the pregnancy according to clause 3 of Article 31 of this Law.

- In cases where the female employee goes to prenatal check-ups, has a miscarriage, abortion, stillbirth, or pathological abortion, or where the employee undergoes contraceptive measures stipulated in clause 1 of Article 37 of this Law, a certificate of leave of absence for social insurance is required for outpatient treatment, and the original or a copy of the discharge paper is required for inpatient treatment.

- In cases where the employee adopts a child under 6 months old, a certificate of child adoption is required.

- In cases where the male employee takes leave when his spouse gives birth, a copy of the child's birth certificate or a copy of the birth record and a certificate from a medical facility are required in case the childbirth involves surgery or the child is born before 32 weeks.

- The list of employees taking maternity leave compiled by the employer.

Thus, to receive maternity benefits, female employees giving birth need to prepare documentation including a copy of the child's birth certificate or birth record; a certification from a competent medical facility regarding the mother's health condition if she is unable to care for the child after childbirth; a certification from a competent medical facility confirming that the female employee must take leave to care for the pregnancy…

Respectfully!

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