Conditions for enjoying the maternity benefits in Vietnam 2023 (Internet image)

Conditions for enjoying the maternity benefits in Vietnam 2023 (Internet image)

1. Conditions for enjoying the maternity benefits in Vietnam 2023

According to Article 31 of the Law on Social Insurance 2014, 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.

2. Maternity benefit period in Vietnam

2.1. Leave period for prenatal checks-up in Vietnam

Article 32 of the Law on Social Insurance 2014 stipulates the leave period for prenatal checks-up as follows:

-  Pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up; employees who live far from health establishments or have pathological signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up.

- The leave period specified in Article 32 of the Law on Social Insurance 2014 shall be counted in working days, excluding public holidays, New Year holidays and weekends.

2.2. Leave period upon miscarriage, abortion, stillbirth or pathological abortion in Vietnam

Article 33 of the Law on Social Insurance 2014 stipulates the leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:

- When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

+ 10 days, for pregnancy of under 5 weeks;

+ 20 days, for pregnancy of between 5 weeks and under 13 weeks;

+ 40 days, for pregnancy of between 13 weeks and under 25 weeks;

+ 50 days, for pregnancy of 25 weeks or more.

- The maternity leave period specified in Clause 1 of Article 33 of the Law on Social Insurance 2014 is inclusive of public holidays, New Year holidays and weekends.

2.3. Leave period for childbirth in Vietnam

Article 34 of the Law on Social Insurance 2014 stipulates leave period for childbirth as follows:

- 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 the Law on Social Insurance 2014, 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.

Note: The maternity leave period specified above is inclusive of public holidays, New Year holidays and weekends.

2.4. Leave period for child adoption

Article 36 of the Law on Social Insurance 2014 stipulates the leave period for child adoption as follows:

Employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months. In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity benefits as specified in Clause 2, Article 31 of  the Law on Social Insurance 2014 , either father or mother only is entitled to a maternity leave.

2.5. Leave period when taking contraceptive measures in Vietnam

In Article 37 of  the Law on Social Insurance 2014 stipulates that when taking contraceptive measures, employees are entitled to the maternity benefits as prescribed by competent health establishments. The maximum leave period is:

- 7 days, for female employees implanted with intrauterine devices;

- 15 days, for employees taking sterilization measures.

Note: The maternity leave period specified in Clause 1 of Article 37 of  the Law on Social Insurance 2014 is inclusive of public holidays, New Year holidays and weekends.

2.6.  Lump-sum allowance upon childbirth or child adoption

Article 38 of  the Law on Social Insurance 2014 stipulates the lump-sum allowance upon childbirth or child adoption as follows:

Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.

In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.

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