Conditions for enjoying the maternity benefits in Vietnam

Conditions for enjoying the maternity benefits in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Coverage of the maternity benefits in Vietnam

According to Article 30 of the Law on Social Insurance 2014, the coverage of the maternity benefits includes:

- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

- Persons working under labor contracts with a term of between full 1 month and under 3 months;

- Cadres, civil servants and public employees;

- Defense workers, public security workers and persons doing other jobs in cipher organizations;

- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

- Salaried managers of enterprises and cooperatives;

2. Conditions for enjoying the maternity benefits in Vietnam

- Employees shall be covered by the maternity benefits in one of the following cases:

(1) Pregnant female employees;

(2) Female employees giving birth to children;

(3) Female employees as surrogate mothers and intended mothers;

(4) Employees adopting under-6-month children;

(5) Female employees having intrauterine devices or employees taking sterilization measures;

(6) Male employees currently paying social insurance premiums whose wives give birth to children.

- To enjoy the maternity benefits, employees defined at (2), (3) and (4) must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

- To enjoy the maternity benefits, employees defined at (2) 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 conditions specified in Clause 2 or 3 of Article 31 of the Law on Social Insurance 2014 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 benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of the Law on Social Insurance 2014.

(Article 31 of the Law on Social Insurance 2014)

3. Leave period for childbirth in Vietnam

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

- Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

+ 5 working days;

+ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

+ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

+ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

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

- 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 specified in Clause 1 of Article 34 of the Law on Social Insurance 2014;

Such leave period shall not be included in the period of personal leave as prescribed by the labor law.

- In case only the mother is covered by social insurance or both parents are covered by social insurance but the mother dies in childbirth, the father or the direct fosterer is entitled to a maternity leave for the remaining period applicable to the mother as specified in Clause 1 of Article 34 of the Law on Social Insurance 2014.

In case the mother who is covered by social insurance but does not fully satisfy the conditions specified in Clause 2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is entitled to a maternity leave until the child reaches full 6 months.

- The father or the direct fosterer who is covered by social insurance but does not take a leave under Clause 4 of Article 34 of the Law on Social Insurance 2014 is entitled to not only his/her salary but also the maternity benefits for the remaining period applicable to the mother as specified in Clause 1 of Article 34 of the Law on Social Insurance 2014.

- In case only the father is covered by social insurance and the mother dies in childbirth or faces a postnatal risk that makes her unable to care for the child, as certified by a competent health establishment, the father is entitled to a maternity leave until the child reaches full 6 months.

- The maternity leave period specified in Clause 1, 3, 4, 5 or 6 of Article 34 of the Law on Social Insurance 2014 is inclusive of public holidays, New Year holidays and weekends.

(Article 34 of the Law on Social Insurance 2014)

Nguyen Ngoc Que Anh

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