How many days off are employees in Vietnam entitled to when they get pathological abortion?

How many days off are employees in Vietnam entitled to when they get pathological abortion?

Pursuant to Article 33 of the Law on Social Insurance in 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion:

Leave period upon miscarriage, abortion, stillbirth or pathological abortion

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.

As regulations above, an employee may take a maternity leave as prescribed by a competent health establishment when they get pathological abortion in Vietnam. The maximum leave period is:

- 10 days, for pregnancy of under 5 weeks;

- 20 days, for pregnancy of between 5 weeks and under 13 weeks; 

- 40 days, for pregnancy of between 13 weeks and under 25 weeks;

- 50 days, for pregnancy of 25 weeks or more.

How many days off are employees in Vietnam entitled to when they get pathological abortion? - image from internet

What are regulations on the allowance for employees getting pathological abortion in Vietnam?

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

Allowance levels of the maternity benefits

1. 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.

2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.

Therefore, the allowance for employees getting pathological abortion in Vietnam is as follows:

Monthly allowance

Allowance = 100% x 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 is the average of salaries of the months for which social insurance premiums have been paid.

Per-diem allowance

Allowance  = [100% x Average of salaries of 6 months preceding the leave on which social insurance premiums are based] : 30 days.

Is abortion against the law in Vietnam?

Based on Part 8 of the National Guidelines on Reproductive Health Care Services, issued with Decision 4128/QD-BYT in 2016, the guidance on safe abortion is as follows:

Abortion is the intentional use of various methods to terminate a pregnancy in the uterus for pregnancies up to 22 weeks of gestation.

Pursuant to Article 44 of the Law on protection for people's health in 1999 stipulating the rights of women to be served medical examination and treatment of gynaecological diseases and abortion:

The rights of women to be served medical examination and treatment of gynaecological diseases and abortion

1 - Women have the right of abortion according to expectations, to be served the medical examination and treatment of gynaecological diseases, to be monitored the health during pregnancy, to be served medicare as childbearing in the health facilities.

2 – The Ministry of Health is responsible for strengthening and development of networks of neonatal and obstetric specialty in the medical facilities to ensure health services for women.

3 - Strictly prohibit medical facilities and individuals to do the abortion operation, to remove the IUD without permits issued by the Ministry of Health or Health Department level.

Pursuant to Clause 3 Article 10 of the Decree 104/2003/ND-CP stipulating regulations on strict prohibition on acts of selecting fetus gender:

Article 10.- To strictly prohibit acts of selecting fetus gender, including:

...

3. Getting rid of fetuses for reason of gender selection by methods of abortion, supply and use of assorted chemicals, drugs and other measures.

Therefore, the act of abortion does not violate the law and is legally permitted according to the woman's choice.

However, the law strictly prohibits the act of abortion when the pregnancy is beyond 22 weeks of gestation and abortion for the purpose of gender selection.

Best regards!