The Latest Maternity Benefits for Female Employees in Vietnam

The Latest Maternity Benefits for Female Employees in Vietnam
Duy Thinh

Maternity benefits for female workers are stipulated in the Law on Social Insurance 2014, Decree 115/2015/ND-CP, and Circular 59/2015/TT-BLDTBXH with specific provisions as follows:

Conditions for enjoying maternity policies in Vietnam

- Female employees who are pregnant;

- Female employees who give birth; Female employees who are surrogate mothers and the mothers who hire surrogate mothers; employees who adopt children under 6 months of age must have paid social insurance for at least 6 months within the 12-month period before giving birth or adopting a child. In cases where female employees give birth and have paid social insurance for 12 months or more but have to take leave during pregnancy for medical reasons as directed by a competent medical examination and treatment facility, they must pay social insurance for at least 3 months within the 12-month period before giving birth;

- Female employees who apply intrauterine device (IUD) and employees who undergo sterilization procedures;

- Male employees who are paying social insurance and have wives giving birth.

Allowed leave period for maternity benefit

Stage Specific case Leave period Note
Before childbirth Prenatal examination - Maximum of 5 times in one pregnancy, each time 1 day.


- If the medical facility is far away or if the pregnant woman has a pathological condition or abnormal pregnancy, they are entitled to 2 days for each prenatal examination.
Public holidays and Tet holidays are not counted in the leave period.
  Leave to receive allowance Maternity leave period before giving birth is up to 2 months.  
  In case of miscarriage, abortion, stillbirth Depending on the pregnancy period, the number of days off is prescribed as follows:


- 10 days if the pregnancy is less than 5 weeks;


- 20 days if the pregnancy is from 5 weeks to under 13 weeks;


- 40 days if the pregnancy is from 13 weeks to under 25 weeks;


- 50 days if the pregnancy is 25 weeks or more.
Includes public holidays and Tet holidays.


In cases where female employees who pay social insurance for at least 6 months within the 12 months period before giving birth and if the pregnancy is stillborn before giving birth, they are entitled to both the number of days off for receiving allowance and the stillbirth leave.
After childbirth Birth leave to receive allowance Female employees giving birth:


- Maximum of 6 months (including pre-birth leave period).


- In case of multiple births, for the second child onwards, one additional month is added for each child.

Male employees paying social insurance when their wives give birth are entitled to maternity leave as follows:


- 5 working days;


- 7 working days if the wife has to undergo surgery or deliver a baby under 32 weeks;


- In case of twins, 10 working days, for triplets or more, 3 more days for each additional child;


- In case of twins or more with surgical delivery, 14 working days.
 
  After childbirth, if the child dies - 4 months of leave from the date of birth, if the child is under 2 months old.


- 2 months of leave from the date of the child's death, if the child is older than 2 months
The leave period for maternity benefit does not exceed 6 months and is not counted towards the entitled leave under labor laws.
  After childbirth, if the mother dies - If the mother is a social insurance participant: the father or the primary caregiver is entitled to maternity benefit for the remaining time of the mother.


- If both the father and mother are social insurance participants: the father is entitled to maternity leave for the remaining period of the mother.


- If only the mother participates in social insurance but does not meet the condition for social insurance duration: the father or the primary caregiver is entitled to maternity benefit until the child is 6 months old.


- If both the father and mother are social insurance participants but the mother does not meet the condition for social insurance duration: the father is entitled to maternity leave until the child is 6 months old.
If only the father participates in social insurance, and the mother dies after childbirth or faces risks that render her unable to care for the child as confirmed by a competent medical examination and treatment facility, the father is entitled to maternity leave until the child is 6 months old.
  Rehabilitation, recovery after maternity Within 30 days, from the first working day after maternity leave, employees have the right to request additional leave for health recovery:


- Maximum 10 days for female employees giving birth to multiple children in one delivery;


- Maximum 7 days for female employees who have undergone surgery for childbirth;


- Maximum 5 days for other cases.
The recovery and rehabilitation period includes public holidays, Tet holidays, and weekly rest days.

Monthly allowance in Vietnam

The monthly allowance is equal to 100% of the average monthly salary used as the basis for social insurance contribution of the 6 months before taking leave for maternity policies. In case of contributing social insurance for less than 6 months, the allowance is the average monthly salary of the months with social insurance contributions.

For leave periods that include odd days for childbirth, adopting a child, miscarriage, abortion, or stillbirth, the daily allowance is calculated by dividing the monthly allowance by 30 days.

One-time allowance for childbirth or adoption in Vietnam

Female employees giving birth or employees adopting children under 6 months of age are entitled to a one-time allowance for each child equal to 2 times the statutory pay rate of the month in which the female employee gives birth or the employee adopts the child.

In cases of giving birth but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 2 times the statutory pay rate of the month of childbirth for each child.

Allowance for prenatal examination and maternity leave for male employees with participating social insurance in Vietnam

The daily allowance is calculated by dividing the maternity benefit by 24 days.

Allowance for leave for recovery and health rehabilitation after maternity in Vietnam

The daily allowance for recovery and health rehabilitation after maternity is 30% of the statutory pay rate.

(Note: statutory pay rate as of July 1, 2017, is 1,300,000 VND)

Maternity benefits for surrogate mothers in Vietnam

Female employees who are surrogate mothers with mandatory social insurance in the sickness and maternity fund: are entitled to leave for prenatal examinations and to leave to receive maternity benefit in case of miscarriage, abortion, stillbirth, or pathological abortion similar to other regulations specified above.

Female employees who have paid social insurance for at least 6 months within 12 months before giving birth; having paid for 12 months, and during pregnancy paid social insurance for at least 3 months within 12 months before giving birth for health reasons:

- One-time allowance for each child equal to 2 times the statutory pay rate of the month the surrogate mother gives birth.

- Leave to receive maternity benefit until the baby is handed over to the biological mother but not exceeding 6 months.

- Leave to receive allowance according to the recovery and rehabilitation policies after maternity as specified above.

The husband of the surrogate mother participating in mandatory social insurance in the sickness and maternity fund when the surrogate mother gives birth is entitled to maternity leave as follows:

- 5 working days;

- 7 working days if the wife has to undergo surgery or deliver a baby under 32 weeks;

- In case of twins, 10 working days, for triplets or more, 3 more days for each additional child;

- In case of twins or more with surgical delivery, 14 working days.

The allowance is similar to what has been mentioned above.

Maternity benefits for the mother hiring a surrogate in Vietnam 

The mother hiring a surrogate who has mandatory social insurance in the sickness and maternity fund for at least 6 months within 12 months up to the time of receiving the child is entitled to the following benefits:

- One-time allowance for each child equal to 2 times the statutory pay rate of the month the surrogate mother gives birth if the surrogate mother does not participate in mandatory social insurance or does not meet the condition for maternity benefit;

- Leave to receive maternity benefit from the time of receiving the child until the child is 6 months old. For twins or more, from the second child onwards, one additional month is added for each child;

- If not taking leave, the mother hiring a surrogate is entitled to both salary and maternity benefit.

- If after childbirth the child dies before turning 6 months old, the mother hiring a surrogate is entitled to maternity leave: In case the child dies under 2 months old, the mother is entitled to 4 months off from the date of childbirth; if the child dies between 2 to 6 months old, the mother is entitled to 2 months off from the date of the child's death.

The husband of the mother hiring a surrogate or the primary caregiver is entitled to the following benefits:

- If participating in mandatory social insurance, the husband of the mother hiring a surrogate is entitled to a one-time allowance equal to 2 times the statutory pay rate of the birth month for each child if the surrogate mother or the mother hiring the surrogate does not participate or meet the benefit conditions.

- The husband of the mother hiring a surrogate or the primary caregiver is entitled to maternity leave for the remaining period of the mother hiring a surrogate until the child is 6 months old in case of the surrogate mother's death or if she faces risks that render her unable to care for the child as confirmed by a competent medical facility.

- If the husband of the mother hiring a surrogate or the primary caregiver is participating in mandatory social insurance and does not take leave, they are entitled to both salary and the remaining maternity benefit of the surrogate mother until the child is 6 months old.

The allowance is similar to what has been mentioned above.

Maternity benefits when performing contraceptive measures

When performing contraceptive measures, employees are entitled to maternity benefits as prescribed by competent medical facilities. The maximum leave period is prescribed as follows:

- 7 days for female employees applying intrauterine devices.

- 15 days for employees undergoing sterilization procedures.

The leave period for maternity benefits includes public holidays, Tet holidays, and weekly rest days.

The daily allowance is calculated by dividing the monthly allowance by 30 days.

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