What is allowance levels of maternity benefits when giving birth to twins in Vietnam? How many days of maternity leave does husband whose wife gives birth get to take care of his wife in Vietnam?

What is allowance levels of maternity benefits for female employees who have to take maternity leave as prescribed by a doctor in Vietnam?

May I ask, my wife gives birth to twins, but due to her health problems, she has stopped paying social insurance premiums for 4 months, what is allowance levels of maternity benefits? My wife has a certificate of leave as prescribed by the doctor.

Reply:

According to Article 39 of the Law on Social Insurance 2014, allowance levels of the maternity benefits are as follows:

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.

Thus, when your wife gives birth, the social insurance allowance will be 6 months, the 1 month benefit will be the average monthly salary of the months that have paid social insurance in Vietnam.

Regarding lump-sum allowance: Female employees who give birth or adopt children under 06 months of age are entitled to a lump-sum allowance for each child equal to 02 times the base salary in the month the female employee gives birth or the month the employee adopts children (Article 38). Currently, the base salary is 1.49 million VND/month.

Therefore, if your wife gives birth to a child, the lump-sum allowance may be 2.98 million VND.

Can female employees who give birth to twins go to work before maternity leave expires in Vietnam?

I am pregnant with twins, now 1 month to the end of maternity leave. So can I go to work before the maternity leave expires, because I want to earn more income to take care of my children.

Reply:

According to Article 40 of the Law on Social Insurance 2014, female employees going to work prior to the expiration of the maternity leave period, specifically:

1. Female employees may go to work prior to the expiration of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following conditions:

a/ Having taken a leave for at least 4 months;

b/ Notifying in advance their wish to go to work prior to the expiration of the maternity leave period and obtaining the consent of their employers.

2. Female employees who go to work prior to the expiration of the maternity leave period are entitled to not only salaries but also the maternity benefits until the expiration of the period specified in Clause 1 or 3, Article 34 of this Law.

Thus, the employment before the end of the maternity leave period when giving birth does not depend on how many children the female employee gives birth to.

Therefore, if you have twins, and want to return to work prior to the expiration of the maternity leave period, you must ensure:

- Having taken a leave for at least 4 months;

- You must notify in advance and get the company's approval.

If wife gives birth to twins, can her husband take 14 days of maternity leave?

I have fully participated in social insurance at the company up to now. In case my wife gives birth to twins, can I take 14 days of maternity leave to take care of her after giving birth? Does the law stipulate in any case that this 14th day of leave is allowed?

Reply:

According to Article 34 of the Law on Social Insurance 2014 stipulates leave period for childbirth as follows:

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

a/ 5 working days;

b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.

...

Thus, in principle, in case a wife gives birth to twins or more and has to undergo surgery, her husband will be entitled to 14 working days off. Therefore, if your wife gives birth to twins but gives birth naturally, you can only take 10 working days off. Please compare the above with your specific case in Vietnam.

Best regards!