What are the maternity entitlements for foreign employees in Vietnam?

I am a foreign national currently working in Vietnam and participating in the country’s compulsory social insurance scheme. I am pregnant and expecting to give birth in October this year. Could you please advise me on what maternity benefits I am entitled to under Vietnam’s law?

Under Article 50 of the 2024 Law on Social Insurance (the Law), which will take effect on July 1 this year, employees will be entitled to maternity benefits if falling into one of the following cases:

(i) Pregnant female employees;

(ii) Female employees who give birth;

(iii) Female employees as surrogate mothers;

(iv) Female employees who are intended mothers in surrogacy arrangements;

(v) Employees adopting a child under six months of age;

(vi) Employees using contraceptive methods that are required to be taken at medical examination and treatment establishments; and,

(vii) Male employees participating in compulsory social insurance whose wives give birth or whose wives as surrogate mothers give birth.

Based on the information you provided, since your expected date of childbirth is in October this year, you fall under the governing scope of the Law and will be eligible for maternity benefits under the Law, provided that you have paid compulsory social insurance premiums for at least six months within 12 months preceding the expected month of childbirth.

Additionally, if you have contributed to the compulsory social insurance fund for 12 months or more, and during your pregnancy, you are required to take leave for prenatal care as prescribed by a qualified medical practitioner, you must have paid social insurance premiums for at least full three months within the 12-month period prior to the month of childbirth to remain eligible for the benefits.

Entitlement to maternity leave

• Prenatal check-ups: You are entitled to maternity leave for prenatal check-ups up to five times, with each  time not exceeding two working days. These leave periods are counted as working days and do not include public holidays, Tet holidays, and weekends.
• Maternity leave for childbirth: You are entitled to six months of maternity leave, of which no more than two months may be taken prior to the expected date of childbirth. In the case of multiple births (e.g., twins, triplets or more), you will be granted an additional month of leave for each child starting from the second.

The maternity leave period will be regarded as the period of compulsory social insurance contribution. However, neither you nor your employer is required to pay social insurance premiums for this period.

Return to work after maternity leave

After your six-month maternity leave ends, you may negotiate with your employer to take an additional unpaid leave. Or else, you may choose to return to work earlier - after taking at least four months of maternity leave but you have to notify your employer in advance and obtain his consent. Additionally, you have to present a medical certificate from a competent healthcare provider confirming that early return to work will not adversely affect your health.

In such a case, you will be entitled to receive both the salary from the employer and maternity allowance from the social insurance fund. Please be advised that, both you and your employer will be required to pay compulsory social insurance premiums during the early return period.

Upon your return to work, your employer is obliged to reinstate you to the same position you held prior to your maternity leave, with no reduction in salary, benefits, or working conditions. If your previous position is no longer available, you will be assigned to another position with equal or higher pay.

Maternity allowance

For each month of maternity leave, you are entitled to 100 percent of your average monthly salary on which compulsory social insurance contributions were based during the six months immediately preceding your maternity leave.

In addition, you will receive a lump-sum allowance per child, equivalent to twice the reference level determined based on the current law-prescribed base salary applicable at the time of childbirth.

It is important to note that if you fully meet the eligibility conditions for maternity benefits but terminate your labor contract or employment contract or cease working prior to childbirth, you are still entitled to maternity allowances. However, in such cases, the period of maternity leave will not be considered the period during which social insurance contributions are made.

Is my husband entitled to paternity leave to take care of me when I give birth?

If your husband participates in the compulsory social insurance scheme in Vietnam, he will be entitled to paternity leave under the following circumstances:

• Five working days if you give birth via vaginal delivery;
• Seven working days if you undergo a cesarean section or give birth before 32 weeks of pregnancy;
• Ten working days if you give birth to twins, plus three additional working days for each child from the third onward;
• Fourteen working days if you give birth to twins via cesarean section, plus three additional working days for each child from the third onward.

Paternity leave must be taken within 60 days from the date of childbirth. If the leave is split into multiple intervals, the first day of the final leave must still fall within this 60-day period, and the total leave duration must not exceed the entitlement mentioned above.

The paternity leave period is considered a period of social insurance contribution. During this period, no social insurance contributions are required from either your husband or his employer.

If my child is sick, may I take a leave to care for him?

According to the Law, in every calendar year (from January 1 to December 31), an employee participating in compulsory social insurance may take leave to care for his/her sick children as follows:

- Up to 20 working days per child, for children aged under three years;

- Up to 15 working days per child, for children aged between full three years and under seven years.

If both you and your husband participate in compulsory social insurance, you both will be entitled to the leave benefit as mentioned above.-