Can female employee who gives birth to twins double the amount when receiving maternity allowance in Vietnam?
Can female employee who gives birth to twins double the amount when receiving maternity allowance in Vietnam? Please advise
Leave period for childbirth in Vietnam
In Article 34 of the Law on Social Insurance 2014, stipulates:
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.
Allowance levels of the maternity benefits in Vietnam
In Article 39 of the Law on Social Insurance 2014, stipulates:
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, in case an employee gives birth to twins, she will be entitled to a 7 month leave of absence from work. But the maternity benefit is still 6 months. With a monthly rate equal to 100% of the average monthly salary on which social insurance premiums are based for 06 months before taking leave to enjoy maternity allowance in Vietnam.
Lump-sum allowance upon childbirth in Vietnam
In Article 38 of the Law on Social Insurance 2014, it is stated:
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.
Employees who give birth to children will receive a lump-sum allowance when giving birth, equal to 2 times the statutory pay rate for each child in the month of childbirth.
So there is no regulation that the employee who gives birth to twins will receive the maternity allowance when giving birth to twins.
Best Regards!
