Implementation of Maternity Policies According to Current Regulations

Conditions for Maternity Benefits

Social Insurance Law 2014 provides the following cases for maternity benefits:

- Female employees who are pregnant;- Female employees giving birth;- Female employees who are surrogate mothers and the mothers intending to have children via surrogacy;- Employees adopting children under six months old;- Female employees inserting intrauterine devices, employees undergoing sterilization;- Male employees who are paying social insurance and have a wife giving birth.

Specifically: Female employees who give birth; female employees who are surrogate mothers and the mothers intending to have children via surrogacy; employees adopting children under six months old, to be eligible for maternity benefits must have paid social insurance for at least six months within the 12 months before giving birth or adopting.

Female employees who have paid social insurance for at least 12 months but have to take leave to recuperate as prescribed by medical facilities should have paid social insurance for at least three months within the 12 months before giving birth to be eligible for maternity benefits.

Generally, employees who meet the conditions regarding the duration of social insurance payments (including those who have terminated their labor contracts, worked under contracts, or resigned before the time of childbirth or adopting a child under six months old) are still entitled to maternity benefits.

Maternity Benefits for Female Employees Giving Birth

Regarding maternity leave:

- Female employees are entitled to six months of maternity leave before and after childbirth, with a maximum of two months before childbirth. If the female employee gives birth to the second child or more, an additional month of leave is granted. In special circumstances, if needing more leave, female employees can request unpaid leave.- If eligible health conditions allow employees to return to work before the period of maternity leave, they still receive maternity benefits as prescribed and additional wages for working days.

Maternity benefits level:

- 100% of the average monthly salary of six consecutive months before childbirth.- Female employees giving birth are entitled to a one-time allowance for each child equal to twice the statutory pay rate in the month of childbirth.

Postpartum period:

- Within 30 days from the first working day after maternity leave, employees can request additional leave for recovery from 5-10 days. The recovery leave is regulated as follows:- 5 days/year for normal cases;- Up to 7 days/year for surgical births;- Up to 10 days/year for multiple births (twins or more).

Recovery leave includes holidays, Tet holidays, weekends. If the recovery leave extends from the previous year to the next year, the leave is counted for the previous year.

- Entitled to 30% of the statutory pay rate.

Maternity Benefits for Male Employees

Male employees participating in social insurance whose wives give birth are also entitled to maternity leave from 5 to 14 days. The leave period for male employees is calculated within 30 days from the date the wife gives birth.

- Male employees are entitled to 5 working days if the wife gives birth.- If the wife undergoes surgery or gives birth prematurely under 32 weeks, entitled to 7 working days.- In case of twins, entitled to 10 working days, with each additional child adding 3 working days.- In case of multiple births requiring surgery, entitled to 14 working days.

Maternity allowance: If the mother giving birth only has the father participating in social insurance, the father is entitled to a one-time allowance equal to twice the statutory pay rate in the month of childbirth for each child.

Maternity Benefits in Case of Death of Mother or Child

If the child dies within two months after birth, the mother is entitled to a four-month leave beginning on the day of birth; if the child dies after two months, the mother is entitled to a two-month leave from the date of the child’s death, but the leave period shall not exceed the prescribed period and is not accounted for as personal leave.

If only the mother or both parents participate in social insurance and the mother dies after childbirth, the father or the direct caretaker is entitled to maternity leave equivalent to the mother's remaining leave period.

If the mother participating in social insurance dies but does not meet the criteria for maternity benefits, the father or direct caretaker is entitled to maternity leave until the child is six months old. If the father or direct caretaker does not take leave, he/she will receive the maternity benefit in addition to the salary for the mother's remaining leave period.

If only the father participates in social insurance and the mother dies or is health-impaired according to certified medical facilities, the father is entitled to maternity leave until the child is six months old.

Maternity Benefits for Miscarriage, Abortion, Stillbirth, or Aborted for Medical Reasons

In cases of miscarriage, abortion, or stillbirth, female employees are entitled to 10 days of leave if the fetus is under 5 weeks old, 20 days if the fetus is from 5 to under 13 weeks old, 40 days if the fetus is from 13 to under 25 weeks old, and 50 days if the fetus is 25 weeks old or more.

Maternity Benefits for Surrogate Mothers

Surrogate mothers are entitled to maternity benefits for prenatal checkups, miscarriage, abortion, stillbirth, childbirth, etc., from pregnancy until handing over the child to the surrogate requester but not exceeding six months.

If from the date of birth to the handover, the maternity leave is less than 60 days, the surrogate mother is still entitled to maternity benefits until reaching 60 days, including holidays, Tet holidays, weekends.

The surrogate requester is also entitled to maternity leave from receiving the child until the child is six months old.

Maternity Benefits for Adoptive Parents

If the employee adopts a child under six months old, he/she is entitled to maternity leave until the child is six months old and a one-time allowance equal to twice the statutory pay rate for each child adopted in the month of adoption.

Maternity Benefits for Contraceptive Measures

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

- 7 days for female employees inserting intrauterine devices;- 15 days for employees undergoing sterilization.

The leave period includes holidays, Tet holidays, weekends.

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