Table Of Contents

Understanding the legal foundation of Vietnam's maternity leave policy is crucial for both employers and employees. This section dives deeper into the key legal documents that establish and regulate this system:

1. Labor Code 2019:

  • General Framework: This code sets the foundation for labor rights and protections in Vietnam, including provisions for leave entitlements.
  • Maternity Leave: While not outlining specific details like leave duration or benefits, the Labor Code establishes the fundamental right of female employees to take maternity leave and prohibits employers from discrimination based on pregnancy or maternity leave.

2. Law on Social Insurance 2014:

  • Eligibility for Benefits: This law defines the specific criteria individuals must meet to be eligible for social insurance benefits during maternity leave. These criteria include:
    • Social insurance contribution requirements: It stipulates the minimum duration of social insurance premium payments needed to qualify for benefits.
    • Employment status: The law outlines eligible categories of employees, including pregnant women, new mothers, adoptive parents, and fathers whose wives give birth.

3. Circular 59/2015/TT-BLDTBXH (amended by Circular 06/2021/TT-BLDTBXH):

  • Implementation Guidelines: This circular provides detailed instructions on implementing the Law on Social Insurance, specifically regarding:
    • Leave Periods: It clarifies the duration of various maternity leave categories, such as prenatal check-ups, childbirth leave, and leave for adoption or contraceptive procedures.
    • Benefit Calculations: The circular outlines the methods for calculating maternity allowance and lump-sum allowance based on social insurance contributions.
    • Dossier Submission Process: It specifies the documents required and the timeframe for employees to claim maternity benefits.

Understanding the interplay between these legal documents is crucial for ensuring compliance and effective implementation of the maternity leave policy. The Labor Code establishes the overall framework and protects employee rights, while the Law on Social Insurance defines eligibility criteria and benefit structures. The circular provides practical guidance on implementing these provisions, ensuring clarity and consistency in practice.

 

2. Who is Eligible?

Vietnam's maternity leave policy extends support to various individuals, ensuring comprehensive coverage for expecting and new parents. Here's a detailed breakdown of the eligibility criteria:

1. Pregnant Female Employees:

  • Social Insurance Contribution Requirement: They must have actively paid social insurance premiums for at least 6 months within the preceding 12 months before childbirth. This requirement ensures financial contributions to the social insurance system and facilitates receiving benefits during leave.

2. Female Employees Giving Birth:

  • Social Insurance Contribution Requirement: They must fulfill the same 6 months in 12 months social insurance contribution requirement as mentioned above. This applies regardless of whether they are the biological mother or involved in surrogacy arrangements.

3. Female Employees Undergoing Surrogacy or Adopting Children Under 6 Months:

  • Social Insurance Contribution Requirement: Similar to mothers giving birth, they must have paid social insurance premiums for at least 6 months within the preceding 12 months. This ensures they are eligible for social insurance benefits during the adoption or surrogacy process.

4. Male Employees with Wives Giving Birth:

  • Social Insurance Contribution Requirement: While not taking leave themselves, fathers are entitled to a short leave period if their wives give birth. However, they must be actively paying social insurance premiums at the time of childbirth.

5. Female Employees Using Intrauterine Devices (IUDs) or Undergoing Sterilization Measures:

  • Social Insurance Contribution Requirement: Although not directly related to childbirth or adoption, these employees are also eligible for a short leave period for recovery purposes. They do not need to meet any specific social insurance contribution requirement.

Important Points to Remember:

  • Social insurance contribution: The 6-month requirement for mothers giving birth, adopting, or undergoing surrogacy is crucial. Meeting this requirement ensures access to maternity benefits like allowance payments.
  • Fathers' eligibility: While fathers do not need to fulfill social insurance contribution requirements for their short leave period, maintaining active coverage allows them to receive benefits on behalf of their wives.
  • Exceptions and special circumstances: While this breakdown outlines the general eligibility criteria, specific situations or exceptions may exist. Consulting with a qualified professional or relevant authorities is recommended for individual clarification.

 

3. Leave Periods

Vietnam's maternity leave policy offers various leave periods catering to different needs and situations. This section provides a comprehensive breakdown of these durations:

1. Prenatal Check-ups:

  • Standard Leave: Female employees are entitled to 5 paid leave days for prenatal check-ups throughout their pregnancy.
  • Extended Leave: Additional days are granted in specific circumstances, such as:
    • Living far from healthcare facilities: Employees residing far from their designated check-up locations may be granted two days per check-up.
    • Pathological signs or abnormal pregnancies: Women experiencing complications during pregnancy may be granted additional leave days as prescribed by a competent medical professional.

2. Miscarriage, Abortion, Stillbirth, or Pathological Abortion:

  • Leave duration varies based on pregnancy stage: The leave period is determined by the gestational age at the time of the event, ranging from:
    • 10 days: For pregnancies under 5 weeks.
    • 20 days: For pregnancies between 5 and 13 weeks.
    • 40 days: For pregnancies between 13 and 25 weeks.
    • 50 days: For pregnancies of 25 weeks or more.

3. Childbirth:

  • Mothers:
    • Total Leave: They are entitled to a 6-month leave in total, divided into:
      • Prenatal leave: Up to a maximum of 2 months can be allocated for prenatal check-ups and persiapan for childbirth.
      • Postnatal leave: The remaining 4 months are dedicated to recovery and childcare after birth.
  • Fathers:
    • Leave duration depends on specific circumstances: Fathers are entitled to vary leave periods based on the delivery type and complications:
      • 5 working days: For normal childbirth.
      • 7 working days: For cesarean sections or births before 32 weeks.
      • 10 working days: For twins, with an additional 3 days for each subsequent twin.
      • 14 working days: If the wife has twins and undergoes a cesarean section.

4. Child Adoption:

  • Leave duration: Employees adopting children under 6 months old are entitled to a leave period of up to 6 months. This allows them time to adjust to parenthood and care for their adopted child.

5. Contraceptive Measures:

  • IUD insertion: Female employees are entitled to 7 days of leave for recovery after IUD insertion.
  • Sterilization procedures: For employees undergoing sterilization procedures, a 15-day leave period is granted for recuperation.

Key Points to Remember:

  • Leave periods are inclusive: All mentioned leave durations are inclusive of public holidays, New Year holidays, and weekends.
  • Flexibility for mothers: Mothers have some flexibility in allocating their 6-month leave between prenatal and postnatal periods.
  • Fathers' support: While fathers' leave periods are shorter, they offer valuable support during critical times.
  • Exceptions may exist: Specific situations or medical complications might warrant adjustments to these standard leave durations. Consulting with healthcare professionals or relevant authorities is recommended for individual clarification.

 

4. Benefits

Vietnam's maternity leave policy extends beyond providing leave periods and offers various benefits to support expecting and new parents during this crucial time. Let's delve deeper into the details of these benefits:

1. Maternity Allowance:

  • Financial Support: This monthly allowance provides financial assistance to eligible individuals during their leave period.
  • Calculation Method: The allowance is calculated based on the employee's pre-leaved social insurance contributions. This ensures a level of financial security during the leave period.
  • Payment Options: The allowance can be paid:
    • Monthly: Providing regular income throughout the leave period.
    • Daily: Offering an alternative option for some individuals.
    • One-time lump sum: This option is available at the time of childbirth or adoption.

2. Lump-Sum Allowance:

  • One-time Payment: A one-time allowance equivalent to 2 months' base salary is granted for each child upon childbirth or adoption.
  • Purpose: This lump sum aims to assist with additional expenses associated with childbirth or adoption, such as childcare or medical costs.
  • Eligibility:
    • Mothers giving birth or adopting: They are directly entitled to the lump sum allowance.
    • Fathers with wives giving birth: If only the father is covered by social insurance, he is eligible for the lump sum allowance, provided he meets the social insurance contribution requirement.

3. Job Security:

  • Protection from Termination: Employers are prohibited from terminating employment contracts solely due to pregnancy or maternity leave. This legal safeguard ensures job security for expecting and new mothers.
  • Reinstatement Upon Return: Employees on maternity leave have the right to be reinstated to their previous position or an equivalent role upon their return to work. This protects their career progression and avoids disruptions due to leave.

Additional Considerations:

  • Social insurance contributions: During extended leave periods exceeding 14 working days, social insurance contributions are not mandatory. However, voluntary contributions can be made to maintain coverage and future benefits.
  • Dossier submission: To claim maternity benefits, employees must submit the required documentation to their employers within 45 days of returning to work. This ensures timely processing and disbursement of benefits.

Understanding these benefits empowers individuals to make informed decisions and access the financial and job security support available during their maternity leave. It's crucial to remember that specific eligibility criteria and application processes may vary. Consulting with employers, social insurance agencies, or qualified professionals can provide further guidance and ensure individuals navigate the system effectively to receive the full benefits they are entitled to.

 

5. Additional Considerations

While Vietnam's maternity leave policy offers comprehensive support, certain additional considerations require attention to ensure a smooth and informed experience:

1. Social Insurance Contributions During Extended Leave:

  • Beyond 14 Working Days: For leave periods exceeding 14 working days, mandatory social insurance contributions are suspended. This means individuals are not required to continue paying premiums during this extended leave.
  • Maintaining Coverage: However, maintaining social insurance coverage is highly recommended. Voluntary contributions can be made during the leave period to:
    • Secure future benefits: Continued contributions ensure eligibility for benefits like retirement pensions and unemployment insurance in the future.
    • Avoid gaps in coverage: Maintaining uninterrupted coverage prevents potential complications when resuming mandatory contributions upon returning to work.

2. Dossier Submission for Claiming Benefits:

  • Timely Submission: To claim maternity benefits, employees must submit the required documentation to their employers within 45 days of returning to work. This timeline is crucial for ensuring prompt processing and disbursement of benefits.
  • Required Documents: The specific documents needed may vary, but typically include:
    • Maternity leave application form
    • Medical certificates
    • Social insurance book
    • Birth certificate(s) or adoption documents
    • Proof of relationship (for fathers claiming benefits on behalf of their wives)

Consulting with employers, social insurance agencies, or qualified professionals can help individuals gather the necessary documentation and ensure complete and accurate submissions for timely benefit disbursement.

3. Individual Circumstances and Exceptions:

  • Specific Situations: While this guide provides a general overview, individual circumstances or specific medical complications might necessitate adjustments to leave periods, benefit entitlements, or application procedures.
  • Seeking Clarification: Consulting with healthcare professionals, social insurance authorities, or legal professionals is recommended for individual situations to:
    • Obtain accurate information: Ensure a clear understanding of specific rights and entitlements based on individual circumstances.
    • Navigate exceptions: Address any unique situations or complications that might require adjustments to the standard policy provisions.

4. Ongoing Developments and Updates:

  • Policy Changes: Vietnam's labor and social insurance policies are subject to revisions and updates periodically. Staying informed about any recent changes or amendments is crucial to ensure individuals are aware of the most current regulations and procedures.
  • Official Sources: Regularly checking official government websites, social insurance agency websites, or reputable legal resources can provide updates on policy changes and ensure individuals are operating with the latest information.

 

6. Conclusion

Vietnam's maternity leave policy stands out as a comprehensive system offering extensive support for expecting and new parents. From generous leave periods to financial assistance and job security protections, the policy empowers individuals to navigate this crucial life stage with greater ease and peace of mind.

Understanding the legal basis, eligibility criteria, leave durations, and available benefits equips individuals with the necessary knowledge to make informed decisions and fully utilize the system's advantages. While additional considerations like social insurance contributions, dossier submission, and navigating individual circumstances require attention, seeking professional guidance and staying updated on policy changes ensure a smooth and effective experience.

Ultimately, Vietnam's maternity leave policy serves as a commendable model, prioritizing the well-being of both parents and children during this transformative period. By embracing its provisions and navigating its nuances, individuals can leverage this valuable support system and embark on their parenthood journey with confidence.

If you need further explanation on this subject, please don't hesitate to contact us through email at lienhe@luatminhkhue.vn or phone at: +84986 386 648. Lawyer To Thi Phuong Dzung