Delve into the intricacies of the maternity regime policy designed to benefit foreign male workers in Vietnam. Uncover the eligibility conditions, duration of entitlement, and maternity benefits offered in this comprehensive guide. Whether you’re an expatriate employee or an HR professional, understanding these policies is crucial for ensuring fair treatment and compliance with Vietnamese labor regulations. Discover how this policy aims to balance the needs of the workforce and promote gender equality in the workplace.
1. Conditions for entitlement to maternity regime
The conditions for foreign male workers to be entitled to maternity regime are as follows:
• Participation in social insurance contributions;
• Having a wife who gives birth to a child.
Therefore, this male worker is not a person who moves within the enterprise or has reached retirement age. The male worker is also required to:
• Work in Vietnam;
• Have a work permit, a professional practice certificate, or a professional practice license issued by the Vietnamese authorities;
• Have a labor contract of at least 1 year in Vietnam.
2. Duration of entitlement to maternity regime when the wife gives birth
Under this provision, the policies of foreign and Vietnamese male workers are equivalent. Accordingly, there are various cases of maternity leave corresponding to different entitlements to maternity benefits.
The usual cases are calculated within the first 30 days from the date of childbirth:
• The male worker is entitled to 05 working days of leave;
• If the wife undergoes surgery or gives birth before 32 weeks of gestation: 07 working days of leave;
• If the wife gives birth to twins: 10 working days of leave; If she gives birth to triplets or more, each additional child equal to an additional 03 working days of leave;
• If the wife gives birth to twins or more and requires surgery: 14 working days of leave.
In the event of the wife’s death after childbirth:
• If both the male worker and the wife participate in social insurance, the number of days off calculate as follows:
Number of days off = Remaining duration of the wife’s maternity regime entitlement.
• If the wife participates in social insurance but does not meet the conditions in items 2 and 3, Article 31 of the 2014 Social Insurance Law:
Number of days off for the male worker = 06 months from the birth of the child.
3. Maternity benefits
In normal cases:
Maternity benefits = Average monthly social insurance contribution amount of the 06 months before the wife gives birth: divided by 24 multiplied by the number of days of maternity regime
In the event of the wife’s death after childbirth:
Maternity benefits = Average monthly social insurance contribution amount of the 06 months before the wife gives birth multiplied by the number of days of maternity regime.
One-time allowance when the wife gives birth:
If the male worker falls into one of the following cases, they will be eligible for a one-time allowance:
• Only the male worker contributes to social insurance, and must have contributed for at least 06 months within the 12 months before the wife gives birth;
• The wife participates in social insurance but does not meet the conditions for maternity regime entitlement.
One-time allowance = 2 multiplied by the basic wage.
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
