Maternity allowance is a special benefit for female employees. Thus, female employees who pay social insurance and are eligible will receive a maternity allowance when giving birth. The conditions for and allowance levels of maternity benefits in Vietnam are according to the provisions of the Law on Social Insurance.
Article table of contents
Latest conditions for and allowance levels of the maternity benefits in Vietnam (Internet image)
1. Specific regulation on maternity benefits - maternity allowance in Vietnam
Pursuant to Clause 1, Article 3 of the Law on Social Insurance 2014, maternity benefit is one of the social insurance benefits, used to partially offset an employee’s income that is reduced or lost due to maternity, on the basis of his/her contributions to the social insurance fund.
Subjects eligible for maternity benefits include:
- Persons working under
- Indefinite-term labor contracts,
- Definite-term labor contracts with a term of between full 3 months and under 12 months,
- Labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Officials and public employees;
- Defense employee, public security employee and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Salaried managers of enterprises and cooperatives;
Maternity benefits include time off for prenatal check-ups, leave period for childbirth and maternity allowance. Thus, maternity allowance is one of the maternity benefits. Specifically, this is the financial support for lost income of female employee who take maternity leave and male employee whose wives give birth, based on their participation in social insurance and fulfillment of legal requirements.
2. Conditions for receiving maternity benefits in Vietnam
Condition 1: Belongs to one of the cases prescribed by law.
According to the provisions of Clause 1, Article 31 of the Law on Social Insurance 2014, employees shall be covered by the maternity benefits in one of the following cases:
- Female employees giving birth to children;
- Female employees as surrogate mothers and intended mothers;
- Employees adopting under-6-month children;
Condition 2: Social insurance payment deadline.
According to Clause 2, Article 31 of the Law on Social Insurance 2014, to enjoy the maternity benefits, employees must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.
Note: to enjoy the maternity benefits, female employees giving birth to children who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.
Employees who fully satisfy the conditions and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits.
3. Maternity allowances
Lump-sum allowance:
According to the provisions of Article 38 of the Law on Social Insurance 2014, 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.
Formula:
Lump-sum allowance = 2 x statutory pay rate
The current statutory pay rate is 1,490,000 VND/month.
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.
Allowance levels of the maternity benefits
+ Female employees:
According to the provisions of Point a, Clause 1, Article 39 of the Law on Social Insurance 2014, a monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.
Formula:
Monthly 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;
+ Male employees
According to the provisions of Point b, Clause 1, Article 39 of the Law on Social Insurance 2014, for male employees who are paying social insurance when their wife gives birth, they are entitled to a per-diem allowance that equals the monthly maternity allowance divided by 24 days.
Formula:
Allowance level = (average of salaries of 6 months preceding the leave on which social insurance premiums are based/24) x Number of days off
Thus, maternity benefits are not only for female employees but also for male employees whose wife gives birth and meets the conditions for insurance participation. Benefits include lump-sum allowances and allowance levels for maternity benefits. The allowance levels of the maternity benefits apply to both male and female employees. As for the lump-sum allowance, which normally applies to female employees, it only applies to male employees when only the father participates in social insurance. Employees need to pay attention to this regulation to receive the most complete and accurate maternity benefits.
Thuy Tram
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