Regulations on healthcare for female employees in Vietnam

Regulations on healthcare for female employees in Vietnam (Internet image)

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

1. Regulations on healthcare for female employees in Vietnam

Regulations on health care for female employees in Vietnam according to Article 80 of Decree 145/2020/ND-CP are as follows:

- During periodic health check-ups, female employees will be provided with gynecological examinations under the list promulgated by the Ministry of Health.

- Employers are encouraged to enable female employees who are pregnant to take more leave for antenatal care according to Article 32 of the Law on Social Insurance.

- Menstrual leave and rest breaks during menstruation:

+ During menstruation period, female employees are entitled to a daily break of 30 minutes which will be included in their working time and fully paid under their employment contracts.

The number of days of menstrual leave shall be negotiated by both parties according to the working conditions and the needs of the female employees but must be at least 03 working days per month. Specific days of leave of each month shall be informed by the employee to the employer;

+ In case a female employee wishes to have more flexible rest periods, both parties shall negotiate rest periods that are appropriate for both the working conditions and the needs of the female employee;

+ In case a female employee does not have the need to take menstrual leave and the employer allows her to work, she will be entitled to, in addition to the salary mentioned in Point a of Clause 3 of Article 80 of Decree 145/2020/ND-CP, an extra salary that corresponds to the amount of works done by her during the period of menstrual leave to which she is entitled.

The untaken menstrual leave shall not be included in the her overtime work.

- Rest periods while nursing a child under 12 months of age:

+ A female employee who is nursing a child under 12 months is entitled to a daily break of 60 minutes to for breastfeeding, milking and rest. This daily break time will be fully paid under the employment contract.

+ In case a female employee wishes to have more flexible rest periods, she shall negotiate with the employer about rest periods that are appropriate for both the working conditions and her needs;

+ In case a female employee does not have the need for rest the employer allows her to work, she will be entitled to, in addition to the salary mentioned in Point a of Clause 4 of Article 80 of Decree 145/2020/ND-CP, an extra salary that corresponds to the amount of works done by her during the rest period to which she is entitled.

- Employers are encouraged to provide dedicated rooms for milking and breast milk storage in the workplace if possible. A room for milking and breast milk storage is mandatory if the employer has at 1000 female employees or more.

- Employers are encouraged to enable female employees who are nursing children aged 12 months or older to milk and store their milk in the workplace. The break time for milking and breast milk storage will be negotiated by the employer and these employees.

2. Organization of kindergarten centers and classes in worker-populated areas in Vietnam

According to Article 81 of Decree 145/2020/ND-CP the organization of kindergarten centers and classes in worker-populated areas is as follows:

- The People’s Committees of provinces shall:

+ Provide land areas for construction of kindergarten centers and classes in worker-populated areas in their land-use plans;

+ Build kindergarten centers and classes to meet local workers’ demand;

+ Invest in infrastructure; lease out new or existing buildings and infrastructure for opening kindergarten centers and classes to meet local workers’ demand;

+ Oversee implementation of policies on private investment in education; facilitate investment in construction of kindergarten centers and classes in terms of land, loans and administrative procedures;

+ Fulfill responsibility of the State for education management as prescribed by law.

- Kindergarten centers and classes in worker-populated areas are entitled to the same benefits as those of independent and private preschool education institutions in areas with industrial zones prescribed in Article 5 of Decree 145/2020/ND-CP.

- Preschool students that are children of workers in worker-populated areas are entitled to the same benefits as those that are children of workers in the industrial zones prescribed in Article 5 of Decree 145/2020/ND-CP.

- Preschool teachers working in independent and private kindergarten centers and classes in worker-populated areas are entitled to the same benefits as those of preschool teachers working in independent and private preschool education institutions in areas with industrial zones prescribed in Article 10 of Decree 145/2020/ND-CP.

- Employers are encouraged to organize or build kindergarten centers and classes or provide financial assistance therein.

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