Maternity regime for foreign employees who work in Vietnam giving childbirth in 2021

Issues related to social insurance for foreigners are specified in Decree No. 143/2018/ND-CP of the Vietnam Government. According to this Decree, employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory social insurance program if:

- Employees obtain work permits, practicing certificates, practicing licenses issued in Vietnam;

- Employees have indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam.

When participating in social insurance, foreign workers will be entitled to compulsory social insurance regimes, in which maternity benefits are prescribed in accordance with Article 7 of the Decree No. 143/2018/ND-CP. Specifically, the conditions, enjoyment period and specific regimes are similar to those of Vietnamese employees according to Section 2, Chapter III of the Law on Social Insurance 2014 of Vietnam.

1. Eligibility requirements for entitlement to the maternity benefit

Foreign employees shall be covered by the maternity regime in one of the following cases:

- Pregnant female employees;

- Female employees giving birth to children;

- Female employees as surrogate mothers and intended mothers;

- Employees adopting under-6-month children;

- Female employees having intrauterine devices or employees taking sterilization measures;

- Male employees currently paying social insurance premiums whose wives give birth to children.

However, it should be noted about the time to participate in social insurance to enjoy this regime of some following subjects:

- Female employees giving birth to children, female employees as surrogate mothers and intended mothers, employees adopting under-6-month children must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption;

- 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 above-mentioned 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 regime.

2. Maternity regime for foreign female employees giving birth to children

* Period of entitlement to the parental benefit

Female employees are entitled to a 6-month leave before and after childbirth under the maternity regime. 

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.

Note: 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 as mentioned above.

* The rate of entitlement to the parental benefit

Monthly allowance = 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based

* Lump-sum allowance upon childbirth

Female employees giving birth are entitled to a lump-sum allowance equaling 2 times the basic salary for each child in the month of childbirth.

Currently, the basic salary is VND 1,490,000/month and is expected to remain the same in 2021, thus:

Lump-sum allowance upon childbirth = 1.490.000 * 2 = VND 2,980,000/per child

* Female employees going to work prior to the expiration of the maternity leave period

Female employees may go to work prior to the expiration of the maternity leave period when fully meeting the following conditions:

- Having taken a leave for at least 4 months;

- Notifying in advance and obtaining the consent of their employers.

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 regime until the expiration of the period in accordance with regulations.

* Convalescence and health rehabilitation after the maternity leave period

Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

- 10 days, for female employees who give birth to twins or more infants;

- 7 days, for female employees who have a surgical birth;

- 5 days, in other cases.

The per-day allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the basic salary, thus:

    Per-day allowance = 30% of the basic salary = 1.490.000 * 30% = VND 447.000

With the above provisions, it can be seen that the law of Vietnam has been creating maximum conditions for foreign female employers to perform their duties as best as domestic female employees.

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