From July 1, 2025, what is the duration of maternity leave for miscarriage in Vietnam?
From July 1, 2025, what is the duration of maternity leave for miscarriage in Vietnam?
Based on Article 52 of the Social Insurance Law 2024 on the maternity leave period for miscarriage, abortion, intrauterine fetal death, fetal death during labor, or ectopic pregnancy:
Maternity leave period for miscarriage, abortion, intrauterine fetal death, fetal death during labor, ectopic pregnancy
- The maternity leave period for miscarriage, abortion, intrauterine fetal death, fetal death during labor, or ectopic pregnancy is determined by a licensed medical practitioner from a medical facility but must not exceed the following regulations:
a) 10 days if the fetus is less than 05 weeks old;
b) 20 days if the fetus is from 05 weeks to less than 13 weeks old;
c) 40 days if the fetus is from 13 weeks to less than 22 weeks old;
d) 50 days if the fetus is 22 weeks or older.
In case a female employee with a fetus of 22 weeks or older meets the conditions specified in clause 2, clause 3, or clause 5 of Article 50 of this Law and experiences a miscarriage, abortion, intrauterine fetal death, or fetal death during labor, both the female employee and her husband are entitled to maternity leave as if the female employee gave birth.
The maternity leave period stated in clause 1 of this Article includes public holidays, Tet holidays, and weekly rest days.
Thus, employees participating in social insurance are entitled to maternity leave for miscarriage as follows:
- 10 days if the fetus is less than 05 weeks old
- 20 days if the fetus is from 05 weeks to less than 13 weeks old
- 40 days if the fetus is from 13 weeks to less than 22 weeks old
- 50 days if the fetus is 22 weeks or older
From July 1, 2025, what is the duration of maternity leave for miscarriage in Vietnam? (Image from Internet)
What documents are included in the application for maternity benefits for female employees who have a miscarriage in Vietnam?
Based on Article 61 of the Social Insurance Law 2024 on the application for maternity benefits:
Application for maternity benefits
...
- The dossier to apply for maternity benefits for a female employee as per prenatal care under Article 51 of this Law; female employee who has a miscarriage, abortion, or intrauterine fetal death, fetal death during labor, ectopic pregnancy as specified in Article 52 of this Law; or a employee performing contraceptive measures as per Article 57 of this Law includes one of the following documents:
a) The original or a copy of the hospital discharge paper or a summary of the medical record or documents proving the inpatient treatment process of the employee in case of inpatient treatment;
b) The certificate of leave for social insurance in case of outpatient treatment;
c) The original or a copy of the hospital discharge paper showing information on the required outpatient treatment period after the inpatient treatment.
...
Thus, the dossier to apply for maternity benefits for a female employee who has a miscarriage includes the following documents:
- The original or a copy of the hospital discharge paper or a summary of the medical record or documents proving the inpatient treatment process of the employee in case of inpatient treatment
- The certificate of leave for social insurance in case of outpatient treatment
- The original or a copy of the hospital discharge paper showing information on the required outpatient treatment period after inpatient treatment.
When are employees in Vietnam entitled to maternity benefits?
Based on Article 50 of the Social Insurance Law 2024 on the subjects and conditions for enjoying maternity benefits:
Subjects and conditions for enjoying maternity benefits
- The subjects specified at points a, b, c, d, i, k, l, m, and n of clause 1 and clause 2 of Article 2 of this Law are entitled to maternity benefits when they fall under one of the following cases:
a) Female employees who are pregnant;
b) Female employee giving birth;
c) Female employees who are surrogate mothers;
d) Female employees who have babies via surrogate mothers;
dd) employees adopting a child under 06 months old;
e) employees using contraceptive measures that must be performed at a medical facility;
g) Male employees participating in compulsory social insurance who have a spouse giving birth, or surrogate mother giving birth.
...
Thus, employees are entitled to maternity benefits when they meet the following conditions:
[1] Belong to the following mandatory social insurance participants:
- Persons working under indefinite-term labor contracts, definite-term labor contracts with a term of 01 month or more, even if the employee and the employer agree with another name but show work with remuneration, wages, and management, supervision of one party;
- Officials and public employees;
- Defense employees and public employees of national defense, police employees, persons doing other tasks in the cipher organization;
- Officers, professional soldiers in the People's Army; officers, non-commissioned officers in police technical fields; persons working in cipher organizations receiving salaries like military personnel;
- Managers of enterprises, controllers, state capital representatives, enterprise capital representatives according to the law; members of the Board of Directors, General Director, Director, members of the Supervisory Board or controllers and other elected management positions of cooperatives, cooperative unions as prescribed by the Law on Cooperatives who receive salaries;
- Non-specialist employees at the commune level, in villages, neighborhood groups;
- Persons working under indefinite-term labor contracts, definite-term labor contracts with a term of 01 month or more, even if the employee and the employer agree with another name but show work with remuneration, wages, and management, supervision of one party working part-time, earning monthly wages equal to or higher than the lowest wage used as a basis for compulsory social insurance contributions;
- Owners of enterprises with business registration participating under the regulations of the Government of Vietnam
- Managers of enterprises, controllers, state capital representatives, enterprise capital representatives according to the law; members of the Board of Directors, General Director, Director, members of the Supervisory Board or controllers and other elected management positions of cooperatives, cooperative unions as prescribed by the Law on Cooperatives who do not receive salaries
- employees who are foreign citizens working in Vietnam subject to compulsory social insurance when working under definite-term labor contracts of 12 months or more with employers in Vietnam, except for the following cases:
+ Moving within the enterprise according to the law on foreign employees working in Vietnam;
+ At the time of signing the labor contract, they are of retirement age as regulated
+ The international agreement in which the Socialist Republic of Vietnam is a member has different provisions
[2] Fall under one of the following cases:
- Female employees who are pregnant
- Female employees giving birth
- Female employees who are surrogate mothers
- Female employees who have babies via surrogate mothers
- employees adopting a child under 06 months old
- employees using contraceptive measures that must be performed at a medical facility
- Male employees participating in compulsory social insurance who have a spouse giving birth, or surrogate mother giving birth.
Note: The above content applies to employees participating in compulsory social insurance.
