Recently, the Ministry of Labor, War Invalids and Social Affairs issued Official Dispatch 2161/LDTBXH-CSXH regarding the implementation of maternity policies for employees who are foreign nationals.
Ministry of Labor, Invalids and Social Affairs guides maternity policies for foreigners as follows:
Maternity benefits for foreign employees participating in compulsory social insurance in Vietnam are stipulated in Article 7 of Decree 143/2018/ND-CP. Clause 1 of Article 7 of Decree 143 specifies that maternity benefit eligibility follows the provisions of Article 31 of the Law on Social Insurance, including cases where male employees paying social insurance contributions have wives giving birth. Regarding the lump-sum allowance, Article 38 of the Law on Social Insurance states*: "In case of childbirth where only the father participates in social insurance, the father is entitled to a lump-sum allowance equivalent to 02 times the statutory pay rate at the month of childbirth for each child".*
Thus, in cases where the male employee is a foreigner participating in social insurance, has a wife giving birth, and does not participate in social insurance in Vietnam, he is subject to the lump-sum allowance as stipulated above.
For details, see Official Dispatch 2161/LD-TBXH-CSXH, issued on June 16, 2020.
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