How long does an employee have to pay social insurance to be eligible for maternity leave in Vietnam in 2024?

Who are eligible for maternity leave in Vietnam?

Pursuant to Article 30 of the Law on Social Insurance in 2014 stipulating coverage of the maternity benefits as follows:

- 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;

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

- Cadres, civil servants and public employees;

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

- 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;

- Salaried managers of enterprises and cooperatives;

How long does an employee have to pay social insurance to be eligible for maternity leave in Vietnam in 2024? - Source: Internet

How long does an employee have to pay social insurance to be eligible for maternity leave in Vietnam in 2024?

Pursuant to Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

Conditions for enjoying the maternity benefits

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.

As regulations above, the insurance period required to be eligible for maternity benefits is as follows:

- The following subjects must have paid social insurance for at least 06 months in the 12 months before giving birth or adopting a child:

+ Female workers giving birth;

+ Pregnant surrogate mothers and surrogate mothers;

+ Employees adopting children under 06 months of age;

- Female workers who have paid social insurance for at least 12 months when pregnant must take leave for prenatal care must pay social insurance for at least 03 months in the 12 months before giving birth.

- Employees who meet the conditions for maternity benefits and terminate their labor contract, employment contract or resign before the time of giving birth or adopting a child under 06 months of age will still be eligible for maternity benefits. 

What are types of benefits that employees can receive when they are eligible for maternity benefits in Vietnam?

Pursuant to Article 38 of the Law on Social Insurance in 2014 stipulating lump-sum allowance upon childbirth or child adoption as follows:

- Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.

- In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.

Note: From July 1, 2023, the statutory pay rate is set at 1,800,000 VND. Therefore, the lump-sum allowance for each child is 1,800,000 VND x 2 = 3,600,000 VND.

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

- 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 is the average of salaries of the months for which social insurance premiums have been paid;

Pursuant to Clause 3 Article 41 of the Law on Social Insurance in 2014 stipulating convalescence and health rehabilitation after the maternity leave period as follows:

The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.

Note: As of July 1, 2023, the statutory pay rate is set at 1,800,000 VND. Therefore, the allowance for recuperation and recovery of health after childbirth is 1,800,000 VND x 30% = 540,000 VND/day.

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