Legal Counselling

Vietnam: How are the maternity benefits for male employees in 2018?

Duy Thịnh

16:30, 05/02/2018

According to Circular No. 59/2015/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, a male employee who meets the conditions of participating in social insurance and has a wife giving birth are entitled to maternity benefits. To be specific:

Entitled to a maternity leave of

- 5 working days if his wife, in case his wife undergoes a normal birth;

- 7 working days, in case his wife undergoes a surgical birth or gives birth to children before 32 weeks of pregnancy;

- 10 working days, in case his wife gives birth to twins; or additional 3 working days for each infant from the second;

- 14 working days, in case his wife gives birth to twins or more infants and takes childbirth operation.

- The paternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

In case the mother dies in childbirth, the father is entitled to a maternity leave for the remaining period applicable to the mother

Cases	Basis for determining the maternity benefits
Where only the mother participates in the social insurance but the mother is dead after giving birth, the father or the direct nurturer shall enjoy the maternity benefits for the remaining period of the mother.	The maternity benefits shall be calculated on the basis of average monthly salary paid for social insurance of the 06 months before leave for maternity benefits of the mother.
Where both parents participate in the social insurance but the mother is dead after giving a birth, the father can take leave for maternity benefits for the remaining period of the mother.	The maternity benefits shall be calculated on the basis of average monthly salary paid for social insurance of the 06 months before leave for maternity benefits of the father.
Where only the mother participates in the social insurance but does not meet the conditions of the period of paying social insurance premiums and is dead, the father or the direct nurturer shall enjoy the maternity benefits until the baby is 06 months of age.	The maternity benefits shall be calculated on the basis of the mother's average monthly salary as the basis social insurance payment of the months for which social insurance has been paid.
Where both parents participate in the social insurance but the mother does not meet the conditions of the period of paying social insurance premiums and is dead, the father can take leave for maternity benefits until the child is full 06 months of age.	The maternity benefits shall be calculated on the basis of average monthly salary paid for social insurance of the 06 months before leave for maternity benefits of the father.
Where the father or the direct nurturer does not take leave, he or she shall enjoy the maternity benefits.	The maternity benefits shall be calculated on the basis of average monthly salary paid for social insurance of the 06 months before leave for maternity benefits of the mother.
Where only the father participates in the social insurance and the mother is dead or encounters risk after giving a birth and not being healthy to take care of the baby as certified by the competent medical facility, the father shall take leave for entitlement of maternity benefits until the child is full 06 months of age.	The maternity benefits shall be calculated on the basis of average monthly salary paid for social insurance of the 06 months before leave for maternity benefits of the father.

Lump-sum allowance upon childbirth or child adoption

The male employee (the father) is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth if he falls into one of the following two cases:

- Only the father is covered by social insurance;

- The mother does not meet the eligibility criteria for maternity benefits due to insufficient social insurance contribution period, but the father meets the requirements specified in Clause 2 Article 9 of Circular No. 59/2015/TT-BLDTBXH.

The maternity benefits for male employees = [(100% x average monthly salary paid for social insurance of the 06 months before leave for maternity benefits)/24] x The number of maternity leave days

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