Are parents entitled to maternity leave when adopting a child in Vietnam?

Are parents entitled to maternity leave when adopting a child in Vietnam?

My husband and I both work and fully contribute to social insurance. Due to infertility, we recently adopted a 2-month-old baby boy (completed adoption procedures). It is said that we will be given maternity leave in case of adopting a child under 6 months old. So let me ask, will my husband and I all get days of leave? Or just one of the two.

Reply:

Article 36 of the 2014 Law on Social Insurance has regulations on leave period for child adoption as follows:

Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months. In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity benefits as specified in Clause 2, Article 31 of this Law, either father or mother only is entitled to a maternity leave.

According to this Article, when you adopt a 2-month-old baby, if both of you are eligible to receive maternity benefits according to regulations in Vietnam (Employees must pay social insurance for 6 months or more within 12 months before the adoption), only one of the two will be entitled to maternity leave according to regulations.

One of you guys will be on maternity leave until the child is 6 months old in Vietnam.

Are parents entitled to maternity leave when adopting a child in Vietnam? (Image from the Internet)

Are commune-level People's Council deputies entitled to maternity benefits when giving birth in Vietnam?

Question: According to the law, are commune-level People's Council deputies entitled to maternity benefits when giving birth in Vietnam?

Reply:

In Article 30 of the 2014 Law on Social Insurance, it is stipulated:

Article 30. Coverage of the maternity benefits

The maternity benefits covers employees defined at Point a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

According to this Article, the above objects include:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

c/ Cadres, civil servants and public employees;

d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;

dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

h/ Salaried managers of enterprises and cooperatives;

Thus, if a person is both a Commune-level People's Council deputy and falls into one of the above cases, when giving birth, she will be entitled to maternity benefits (if she meets the conditions for participating in social insurance from full 6 months within 12 months before giving birth)

Because I am on maternity leave, is it correct for my school to assign mobile teaching in Vietnam?

Please ask. This year, I am on maternity leave, so the school assigns mobile teaching to classes in the school at the work unit. Is that correct? Thank you.

Reply:

In Clause 1, Article 34 of the 2014 Law on Social Insurance, it is stipulated:

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.

Thus, you are a teacher participating in mandatory social insurance, so you will be entitled to leave to enjoy maternity leave before and after giving birth for 6 months in Vietnam.

As for the reason why the school assigns you to teach in classes because you are on maternity leave for 6 months. There are currently no specific regulations, but in your case, it is also possible that because you do not teach for the entire school year, assigning you to be a homeroom teacher for a class or a permanent teacher is very difficult in arranging the school's schedule. You should meet directly with the school board to negotiate this issue!

Best regards.