According to Resolution 70/2018/QH14 and Decree 157/2018/ND-CP, the statutory pay rate and regional minimum wage will increase in 2019; therefore, the amounts payable under maternity policies will also increase significantly. Below are the detailed amounts receivable under the 2019 maternity policies.
1. One-time allowance for childbirth or adoption
According to Article 38 of the 2014 Social Insurance Law, female employees giving birth or employees adopting a child under 6 months old are entitled to a one-time allowance for each child, equal to 2 times the statutory pay rate.
Additionally, based on Clause 2 Article 9 of Circular 59/2015/TT-BLDTBXH, in cases where only the father participates in social insurance, the father will receive this allowance. However, the father must have paid social insurance contributions for at least 6 months within the 12 months prior to the childbirth to qualify for the allowance.
From January 1, 2019, to July 1, 2019, the statutory pay rate is 1,390,000 VND, so the allowance is 2,780,000 VND. From July 1, 2019, the statutory pay rate increases to 1,490,000 VND, thus the allowance is 2,980,000 VND.
2. Maternity leave benefits according to salary
According to the provisions of Article 34 of the 2014 Social Insurance Law, female employees giving birth are entitled to maternity leave before and after childbirth for 6 months. For twins, the leave is 7 months, with each additional child allowing the mother an extra month of leave.
The monthly benefit is 100% of the average monthly salary on which social insurance contributions were based for the 6 months before taking maternity leave.
According to Resolution 70/2018/QH14 from July 1, 2019, the statutory pay rate will increase to 1,490,000 VND. Hence, for those applying the statutory pay rate, the monthly salary for social insurance contributions will also increase, and the maternity leave benefits will increase accordingly.
3. Convalescent and health recovery benefits post-maternity leave
According to Article 41 of the 2014 Social Insurance Law, female employees receiving maternity benefits under Article 33, Clause 1, or Clause 3 of Article 34 of the 2014 Social Insurance Law, are entitled to convalescent and health recovery leave from 5 to 10 days if determined by the employer and the grassroots trade union executive committee. Specifically, this covers cases of:
- Female employees who miscarry, have an abortion, experience stillbirth, or terminate a pathological pregnancy;- Cases where a child under 2 months old dies after birth;- Female employees giving birth and taking 6 months of maternity leave before and after childbirth.
The convalescent and health recovery leave period is stipulated as follows:
- Up to 10 days for female employees giving birth to two or more children at once;- Up to 7 days for female employees giving birth via surgery;- Up to 5 days for other cases.
The daily convalescent and health recovery benefit post-maternity leave is 30% of the statutory pay rate. Specifically:
- From January 1, 2019, to July 1, 2019, the convalescent benefit is 417,000 VND/day;- From July 1, 2019, the convalescent benefit is 447,000 VND/day.
Duy Thinh