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Conditions for maternity benefits when giving birth
Pursuant to Article 31 of the Law on Social Insurance 2014, female employees giving birth are entitled to maternity benefits when meeting one of the following conditions:
(1) Paying social insurance for at least 6 months within 12 months before giving birth; or
(2) If a woman has paid social insurance for 12 months or more and has to take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility, she must have paid social insurance for 3 months or more within the 12 months before giving birth.
Note: Employees who meet the above conditions but terminate their labor contract, work contract or quit their job before giving birth are still entitled to maternity benefits according to regulations.
Time to enjoy maternity leave
Pursuant to Article 34 of the Law on Social Insurance 2014, the specific time to enjoy the regime when giving birth is as follows:
(1) Female employees who give birth are entitled to 6 months of maternity leave before and after giving birth. In case a female employee gives birth to twins or more, from the second child onwards, for each child, the mother is entitled to 1 additional month of leave.
The maximum maternity leave period before birth is no more than 02 months.
(2) Male employees who are paying social insurance when their wives give birth are entitled to maternity leave as follows:
- 05 working days;
- 07 working days when the wife gives birth by surgery or gives birth before 32 weeks of age;
- In case the wife gives birth to twins, she is entitled to 10 working days off; from triplets or more, each additional child is entitled to 3 additional working days off;
- In case the wife gives birth to twins or more and has to have surgery, she is entitled to 14 working days off.
The maternity leave period prescribed in this clause is calculated within the first 30 days from the date the wife gives birth.
(3) In case after giving birth, if the child under 2 months old dies, the mother is entitled to 4 months off work from the date of birth; if the child 2 months old or older dies, the mother is entitled to 2 months off work from the date of death, but the time off work to enjoy maternity benefits must not exceed the time specified in point (1); this time is not counted as personal leave according to the provisions of the law on labor.
(4) In case only the mother participates in social insurance or both the father and mother participate in social insurance and the mother dies after giving birth, the father or the person directly raising the child is entitled to take maternity leave for the remaining time of the mother according to point (1).
In case the mother participates in social insurance but does not meet the requirements on social insurance participation time to enjoy the above maternity benefits and dies, the father or the person directly raising the child is entitled to take leave to enjoy maternity benefits until the child is 6 months old.
(5) In case the father or the direct caregiver participates in social insurance but does not take leave according to point (4), in addition to salary, he/she is also entitled to maternity benefits for the remaining time of the mother according to point (1).
(6) In case only the father participates in social insurance and the mother dies after giving birth or has an accident after giving birth and is no longer healthy enough to take care of the child as confirmed by a competent medical examination and treatment facility, the father is entitled to take maternity leave until the child is 6 months old.
Note: The maternity leave period specified above (except point (2)) includes holidays, Tet holidays, and weekly days off.
One-time allowance for childbirth
Pursuant to Article 38 of the Law on Social Insurance 2014, female employees giving birth are entitled to a one-time allowance for each child equal to 02 times the basic salary in the month the female employee gives birth. In case the child is born but only the father participates in social insurance, the father is entitled to a one-time allowance equal to 02 times the basic salary in the month of birth for each child.
According to Decree 24/2023/ND-CP, the current basic salary is 1.8 million VND/month. Therefore, the current one-time allowance for childbirth is 3.6 million VND per child.
Maternity benefits when giving birth
Pursuant to Article 39 of the Law on Social Insurance 2014, the level of maternity benefits when giving birth for one month is equal to 100% of the average monthly salary for social insurance contributions of the 6 months prior to taking maternity leave.
In case the employee has paid social insurance for less than 6 months, the maternity benefit level when giving birth is the average monthly salary of the months for which social insurance has been paid.
The time off work to enjoy maternity benefits when giving birth is counted as the time of social insurance payment, the employee and the employer do not have to pay social insurance.
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