Are teachers entitled to maternity benefits when a stillbirth occurs during summer vacation in Vietnam?

Are teachers entitled to maternity benefits when a stillbirth occurs during summer vacation in Vietnam?

Article 33 of the Law on Social Insurance 2014 stipulates leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:

1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

According to Clause 3, Article 5, Circular 28/2009/TT-BGDDT, amended by Clause 4, Article 1, Circular 15/2017/TT-BGDDT, the working time and annual leave period are stipulated as follows:

3. Teachers' annual leave includes: summer vacation, lunar new year vacation, semester vacation and other holidays, specifically as follows:

a) The teacher's annual summer vacation is 02 months (including annual leave according to the provisions of the Labor Code), with full salary and allowances (if any).

b) Lunar New Year holidays and semester breaks according to regulations of the Minister of Education and Training;

c) Other days off according to the provisions of the Labor Code.

Based on the school year plan, scale, characteristics, and specific conditions of each school, the Principal arranges annual leave time for teachers in a reasonable manner according to regulations.

Thus, according to the above regulations in Vietnam, maternity benefits include holidays, New Year holidays and weekly days off. But this is the teacher's summer vacation time, during this time teachers still receive their full salary.

You're on summer vacation but still get paid by the school, so insurance doesn't have to pay when you have a stillbirth during the summer vacation in Vietnam.

Are teachers entitled to maternity benefits when a stillbirth occurs during summer vacation in Vietnam? (Image from Internet)

What documents are needed to apply for maternity benefits in case of stillbirth in Vietnam?

Pursuant to Article 101 of the Law on Social Insurance 2014, dossier for enjoyment of the maternity benefits is prescribed as follows:

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.

Therefore, the dossiers for enjoyment of the maternity benefits in case of stillbirth are:

- Certificate of leave to enjoy social insurance in case of outpatient treatment;

- Original or copy of hospital discharge certificate for inpatient treatment.

Best regards!