VIETNAM SOCIAL INSURANCE AGENCY

Official Dispatch No. 1477/BHXH-CSXH dated April 23, 2013 of Vietnam Social Insurance Agency guiding the implementation of the maternity regime in accordance with the Labor Code No. 10/2012/QH13
Respectfully to:
- The Provincial Social Insurance Agencies;
- The Social Insurance Agencies of the Ministry of National Defense;
- The Social Insurance Agencies of the People’s Public Security;
- The Social Insurance agencies of The Cipher Board of Government
Pursuant to provision in Article 157, clause 1 and point b, clause 2, Article 240 of the Labor Code No. 10/2012/QH13, of June 18, 2012 (the Labor Code); the Official Dispatch No. 338/LDTBXH-BHXH, of January 30, 2013 of the Ministry of Labor, War Invalids and Social Affairs, the Vietnam Social Insurance Agency guides implementation of the maternity regime for woman employees as follows:        
1. Subjects of application
Subjects of application are female employees specified in clause 1, Article 2 of the Law on social insurance No. 71/2006/QH11, of June 29, 2006 (abbreviated to Law on social insurance). 
2. Condition for enjoying the maternity regime
Condition for enjoying the maternity regime applicable to female employees when they get pregnant as prescribed in Article 28 of the Law on social insurance.
3. Period of leave for giving birth
When female employees, who are eligible to enjoy the maternity regime, give birth, period of leave for maternity is complied with provision in article 157 of the Labor Code.   Several cases specifically are guided as follows:
3.1. Period of leave for giving birth from May 01, 2013
a. In case after giving birth, the newborn child dies before sixty days of age, the mother is entitled to take leave for ninety days counting from the date of childbirth; if the newborn child die sixty days or more of age, the mother is entitled to take leave for thirty days counting from the date her child dies, but the leave period shall not exceed the period of leave for giving birth specified in Clause 1, Article 157 of the Labor Code.

b. In case only the mother is covered by social insurance, if the mother dies in childbirth, the father or the person directly nursing the newborn child is entitled to the maternity regime until the child is full six months old; both the father and mother or only the father is covered by social insurance, if  the mother dies in childbirth, the father on leave for care of the  newborn child is entitled to the maternity regime until the child is full six months old.