Maternity Leave Laws and Allowance in Vietnam
Automatically, an employee is entitled to a six-month maternity leave before and after giving birth in Vietnam. In case an employee gives birth to twins or more in rare cases, the employee will be entitled to a one (1) month additional maternity leave for each child from the second onwards. Nevertheless, the period of maternity leave before giving birth must not exceed two months.
If an employee’s husband is employed at an enterprise under a labor contract and religiously paying social insurance contributions, he may also have five days leave for his wife’s delivery.
In case an employee has to undergo a caesarean or preterm delivery, her husband may avail a seven-day leave.
If an employee gives birth to twins, her husband will be entitled to a paternity leave of 10 working days. If there are more than two infants in few rare cases, there would be additional three days for each infant from the second onwards. Meanwhile, if giving birth is through cesarean section, the husband will be entitled to a 14 working days off. The leave must be taken within 30 days upon giving birth. And, the period of maternity leave includes public holidays, weekends and New Year.
Prescribed Levels of Maternity Allowance
Under the Vietnamese law on social insurance, the monthly maternity allowance is equivalent to the average monthly salary, on which social insurance contributions are calculated, in six months before taking a maternity leave.
Meanwhile, the allowance for each of a husband’s leave equals the monthly maternity allowance divided by 24 days. If he has paid social insurance contributions for less than six months, the allowance rate will be his average monthly salary in the months for which social insurance premiums have been paid.
Generally, the maternity leave of 14 working days or more in a month is considered as a period of social insurance contribution. During such period, both the employer and the employee are not required to pay social insurance contributions.
In case the health status of an employee didn’t fully recover within 30 working days after her maternity leave, the employee may still opt to request for an additional five to ten days additional leave.
Public holidays, weekend and New Year holiday are included in the period of leave for health recovery. And if the period of maternity leave covered the end of the year until the following year, it will be counted for the previous year.
Typically, the number of leave days for health recovery must be jointly decided by the employer and common Trade Union executive committee, particularly:
• 10 days for female employees who give birth to twins or more infants.
• 7 days for female employees who underwent caesarean delivery.
• 5 days for several cases.
The per-diem allowance for health recovery following the maternity leave is equal to 30 percent of the basic wage.