How much is lump-sum allowance when employees give birth or adopt children in Vietnam?

How much is lump-sum allowance when employees give birth or adopt children in Vietnam?

How much is lump-sum allowance upon childbirth or child adoption for employees participating in compulsory social insurance? Hello, I am Thuy Hang, I am in need of learning the provisions of the law related to the field of social insurance. I have a question that I need you to help me answer. May I ask, how much is lump-sum allowance upon childbirth or child adoption for employees participating in compulsory social insurance? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

Thuy Hang (thuyhang*****@gmail.com)

Reply:

According to the provisions of Article 38 of the Law on Social Insurance 2014, lump-sum allowance upon childbirth or child adoption is specified 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.

The above is the content of advice on the lump-sum allowance upon childbirth or child adoption for employees participating in compulsory social insurance. For more detailed information, you should refer to the Law on Social Insurance 2014 in Vietnam.

If I adopt a child, how long is the maternity leave period in Vietnam?

My wife and I are working at a state agency and are intending to adopt a child, I would like to ask what are Law on Social Insurance regulations on maternity leave period when adopting a child?

Reply:

The Law on Social Insurance 2014 stipulates:

An employee who adopts a child under 6 months old is entitled to take maternity leave until the child is full 6 months old.

If both parents participate in social insurance and are eligible to enjoy the prescribed maternity regime, only one parent is entitled to leave to enjoy the regime.

If the adoptive mother dies due to an occupational accident, will the adopted child receive social insurance benefits in Vietnam? 

Does the adopted child receive social insurance benefits when the adoptive mother dies due to an occupational accident? Hello, my name is Lan Anh, currently I am living and working in Ho Chi Minh City. This year, I am 50 years old. I have no husband, no biological children, and my parents have also passed away. I am living with only 1 adopted son, he is 17 years old this year (I have raised him since he was born). I am still working and paying social insurance for more than 15 years. If my health is not good and I have occupational  accident and die unexpectedly, will the social insurance and unemployment insurance money I have paid for my adopted child be entitled to? Which document stipulates? Hope you can advise me. Many thanks to you! (0165***)

Reply:

According to the information you provided, we answer your questions as follows:

Pursuant to the provisions of Article 53 of the 2015 Law on Occupational Safety and Health: (Benefit upon death due to occupational accidents or occupational diseases)

If an employee dies from an occupational accident or an occupational disease, his/her relatives shall be entitled to a lump-sum benefit which is thirty six times the statutory pay rate determined in the month in which he/she dies and enjoy survivor benefits as prescribed in Law on Social insurance if the employee is in one of the following cases:

1. The employee dies from an occupational accident or an occupational disease;

2. The employee dies from an occupational accident or an occupational disease after the first treatment;

3. The employee dies during the treatment period without assessment of decreased work capacity.

Documents on survivor benefits from deaths of employees from occupational accidents or occupational diseases shall comply with Clause 1 Article 111 of the Law on Social Insurance 2014.

Dossier for enjoyment of the survivorship allowance in case the employee dies due to an occupational accident or occupational disease shall comply with the provisions of Clause 1, Article 111 of the Law on Social Insurance 2014.

In which, relatives of employees paying social insurance premiums are identified as an insured’s natural child, adopted child, spouse, natural father, natural mother, adoptive father, adoptive mother, father-in-law or mother- in-law, or another family member whom the insured is obliged to nurture in accordance with the law on marriage and family. (Clause 6, Article 3 of the Law on Social Insurance 2014).

Thus, if the adopted child is the person you are obliged to take care of, the child will be entitled to this amount.

And based on Article 66 of Law on Social Insurance 2014: (Funeral allowance)

1. When the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance:

a/ Employees defined in Clause 1, Article 2 of this Law who are paying social insurance premiums or employees who have their period of social insurance premium payment reserved and have paid social insurance premium payment for at least full 12 months;

b/ Employees who die of a occupational accident or an occupational disease or die during treatment due to a occupational accident or an occupational disease;

c/ Persons who are on pension or monthly occupational accident or occupational disease allowance and have ceased working.

2. The funeral allowance must equal 10 times the statutory pay rate of the month when the persons defined in Clause 1 of this Article die.

3. When the persons defined in Clause 1 of this Article are declared dead by the court, their relatives are entitled to the funeral allowance specified in Clause 2 of this Article.

In addition, according to Point c, Clause 1, Article 67 of the Law on Social Insurance 2014: (Monthly survivorship allowance)

1. When the persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one of the following cases, die, their relatives are entitled to a monthly survivorship allowance:

a/ They have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;

b/ They are on pension;

c/ They die of a occupational accident or an occupational disease;

d/ They are on monthly occupational accident or occupational disease allowance for their working capacity decrease of 61% or more.

And according to the provisions of Point a, Clause 2, Article 67 of the Law on Social Insurance 2014, then:

2. Relatives of the persons defined in Clause 1 of this Article who are entitled to a monthly survivorship allowance include:

a/ Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb.

According to the above provisions, your adopted child is eligible for monthly survivorship allowance. And the monthly survivorship allowance for each relative must equal 50% of the statutory pay rate, or 70% of the statutory pay rate for relatives who have no direct fosterer. (Clause 1, Article 68 of Law on Social Insurance 2014).

Thus, if you die due to occupational accident, your adopted child will be entitled to the aforesaid payments in Vietnam.

Above is the content of advice on the issue of receiving social insurance money of the relatives of the social insurance payer when the social insurance payer dies due to a labor accident. To better understand this issue, you should refer to the Law on Social Insurance 2014 and other relevant legal documents in Vietnam.

Best regards!