Do male employees who adopt children in Vietnam receive maternity benefits?

Do male employees who adopt children in Vietnam receive maternity benefits?

Purusant to Article 32 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

Therefore, according to the above regulations, only employees who adopt children under 6 months of age and have paid social insurance for at least 6 months or more in the 12 months before adopting a child will be entitled to maternity benefits.

You are a male employee who adopted a 2-month-old baby and have paid social insurance for 5 years, so you meet the conditions to be entitled to maternity benefits.

Do male employees who adopt children in Vietnam receive maternity benefits? - Source: Internet

What is the maternity benefit period for employees who adopt children in Vietnam?

Purusant to Article 36 of the Law on Social Insurance in 2014 stipulating 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.

Therefore, according to the above regulations, if you adopt a child under 6 months of age, you will be allowed to take leave from work and enjoy maternity benefits until your child is 6 months old.

What are regulations on the level of maternity benefits for employees who adopt children in Vietnam?

Purusant to Clause 1 Article 39 of the Law on Social Insurance in 2014 stipulating allowance levels of the maternity benefits as follows:

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.

Above are regulations on the level of maternity benefits for employees who adopt children in Vietnam.

Best regards!