Maternity and paternity leave policies in Vietnam

Unlike other fields, Social Insurance has the purpose of social security. However, to enjoy these social benefits, employees need to meet specific requirements and conditions and need to prepare documents and procedures to receive benefits. So what are the conditions for receiving documents - maternity and paternity leave policies for female employees when giving birth or adopting a child?

1. Subjects entitled to maternity benefits when giving birth or adopting a child

Based on the provisions of Article 31 of the Law on Social Insurance 2014, employees are entitled to parental leave benefits and compensation when meeting the following conditions:

- Employees are entitled to maternity benefits when they fall into one of the following parental leave eligibility requirements:

(1) Female employees are pregnant;
(2) Female employees give birth;
(3) Female employees are surrogate mothers, mothers who ask for surrogacy;
(4) Employees who adopt children under 6 months old;
(5) Female employees who have an IUD inserted, employees who undergo sterilization;
(6) Male employees who are paying social insurance and whose wives give birth.

Return-to-work after parental leave

• Employees in cases (2), (3), (4) above must pay social insurance for at least 06 months within 12 months before giving birth/adopting a child. (7)
• Female employees who give birth and have paid social insurance for at least 12 months but must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for at least 03 months within 12 months before giving birth. (8)
• Employees who meet the conditions in cases (7), (8) above, when terminating their labor contract, employment contract or quitting their job before giving birth or adopting a child under 06 months old, are still entitled to maternity benefits according to regulations.

Thus, employees in the above cases will enjoy adoption and surrogacy leave according to regulations.

According to State and federal leave laws, the calculation of the 12-month period before giving birth:

• The 12-month period before giving birth for male employees, the husband of the surrogate mother who receives a one-time allowance when his wife gives birth is determined as follows:
• Giving birth or adopting a child before the 15th of the month: The month of giving birth or adopting a child is not counted in the 12-month period before giving birth or adopting a child.
• In case of giving birth or adopting a child from the 15th of the month onwards and:

+ Social insurance is paid in that month: The month of giving birth or adopting a child is counted in the 12-month period before giving birth or adopting a child.
+ No social insurance in that month: The month of giving birth or adopting a child is not counted in the 12-month period before giving birth or adopting a child.

Parental leave eligibility requirements Vietnam

2. Maternity leave for female employees when giving birth or adopting a child

a) In case of normal childbirth
* Female employees giving birth:

Female employees who have participated in social insurance for 6 months within 12 months when giving birth will be entitled to

- 6 months of leave before and after giving birth, of which the leave before giving birth must not exceed 2 months.
- Twins or more, from the second child onwards, the mother is entitled to an additional month of leave for each child.

Note:
- The maximum time for maternity leave before giving birth must not exceed 02 months.
- The Paid and unpaid parental leave includes weekly leave, holidays, and Tet.

* Male employees whose wives give birth:

- Male employees who have participated in social insurance for 6 months within 12 months when their wives give birth are entitled to maternity leave:

• 05 working days;
• 07 working days when the wife gives birth by surgery or gives birth under 32 weeks;
• 10 working days in case the wife gives birth to twins. From the third birth, add 03 working days/child;
• 14 working days in case the wife gives birth to twins or more and has to give birth by surgery

The time return-to-work after parental leave is calculated after the first 30 days from the date the wife gives birth.

b) In case of adoption

- In case of adopting a child under 06 months old, the employee is entitled to take leave to enjoy the maternity regime until the child is 06 months old.

Note: In case both father and mother participate in social insurance and are eligible for maternity regime, only the father or mother is entitled to take leave to enjoy the regime.

3. Amount of maternity benefits for female employees when giving birth or adopting a child

*One-time allowance: One-time allowance = 2 x basic salary (for each child)

The basic salary is determined as the salary in the month of giving birth or adopting a child.
In 2023, the basic salary from 1/1/2023 to 30/06/2023 is 1,490,000 VND/month => One-time allowance (giving birth/adopting a child from 1/1/2023 to 30/06/2023): 1,490,000 x 2 = 2,980,000 VND

The basic salary from 01/07/2023 is 1,800,000 VND/month: One-time allowance (giving birth/adopting a child from 1/07/2023 onwards): 1,800,000 x 2 = 3,600,000 VND

* Maternity allowance:
Maternity allowance = (Mbq6t x 100% x Number of months off work due to giving birth or raising a child (raising)

In which:

• Mbq6t: Average salary for social insurance contribution in the 6 consecutive months before leaving work
• Basic salary in 2023 from 1/1/2023 - 30/06/2023 is 1,490,000 VND/month
• Basic salary in 2023 from 01/07/2023 is 1,800,000 VND/month

Above are detailed instructions on making a profile - Maternity benefits for female workers and flexible work options after parental leave when giving birth or adopting a child that Faro Vietnam wants to guide you. Hopefully the article will be useful for employees to ensure the laws and job protection during parental leave.

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