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Conditions for foreign workers to enjoy maternity benefits in Vietnam
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Foreign workers in Vietnam with work permits and labor contracts are required to participate in social insurance. This includes maternity benefits. The worker in question must have paid social insurance premiums for at least six months before giving birth, or 12 months if they had to leave work for pregnancy-related reasons. Maternity leave is six months, with an additional month for each additional child. The monthly benefit amount is based on the average monthly salary, and there is also a one-time allowance for childbirth. After returning to work, foreign workers are entitled to postnatal recuperation and health recovery leave. The amount of allowance for this depends on the number of days taken off. Contact Gwynne Du for more information. Legal basis: Social Insurance Law No. 58-2014-QH13, Decree No. 143-2018-NDCP, Circular No. 59-2015-TTBLDTBXH. Summary, foreign workers in Vietnam who are citizens of foreign countries and hold a work permit, a practicing certificate, or a practicing license issued by the competent authority of Vietnam and have a labor contract without a definite term or a labor contract with a definite term of at least one year with an employer in Vietnam are subject to mandatory social insurance participation. Similar to Vietnamese workers, foreign businesses and workers are required to participate in various social insurance funds, including sickness and maternity, occupational accident insurance, occupational disease insurance, retirement, and survivorship. Foreign workers will also be entitled to these benefits when they meet the conditions specified by the law. Question. My company has a female foreign worker who started participating in social insurance from October 2023. From October 2023 to March 2024, the average monthly insurance premium is 12 million VND. The worker gave birth and started maternity leave from April 1, 2024. Does this worker qualify for maternity benefits? TPM Consulting. According to the current social insurance law regulations, the conditions for maternity benefits are as follows. In normal cases, the worker must have paid social insurance premiums for at least six months within the 12 months prior to giving birth. In cases where the worker must leave work to care for the pregnancy as prescribed by a medical facility, the worker paid social insurance premiums for at least 12 months, and if they must leave work to care for the pregnancy as prescribed by a qualified medical facility, they must have paid social insurance premiums for at least three months within the 12 months prior to giving birth. Workers who meet the conditions under either of these cases and leave work before giving birth are still entitled to maternity benefits as prescribed. Benefit Amount. Female workers are entitled to maternity leave for six months before and after giving birth. In the case of a female worker giving birth to twins or more, starting from the second child, the mother is entitled to an additional one month of leave for each additional child. Entitlements. There are three entitlements as follows. The monthly benefit amount is equal to 100% of the average monthly salary used to calculate social insurance premiums for the six months prior to taking maternity leave. Maternity benefit for six months equals 6 times 12 million is equal to 72 million VND. One-Time Allowance for Childbirth. The one-time allowance for each child is equal to two times the base salary at the month when the female worker gives birth. In cases where only the father participates in social insurance but the child is born, the father receives a one-time allowance equal to two times the base salary at the month of childbirth for each child. Current base salary, 1,800,000 times two is equal to 3,600,000 VND slash child. Additionally, foreign workers are entitled to postnatal recuperation and health recovery After returning to work, within 30 working days from the end of maternity leave, if their health has not fully recovered, foreign workers are entitled to take leave for postnatal recuperation and health recovery. Maximum of seven days for female workers who underwent surgery during childbirth. Maximum of five days for other cases. The amount of postnatal recuperation and health recovery allowance equals 30% x base salary x number of days off. Since you didn't specify whether it's a normal delivery or a surgical one, let's assume it's a normal delivery, which entitles you to five days. The allowance amount equals 30% x 1,800,000 times five is equal to 2,700,000 VND. Here is the information regarding maternity benefits for female foreign workers when giving birth. In case you need consultation, please contact us. Gwynne Du, Social Insurance Department, Payroll gwynne.du at tpm.com.vn Legal Basis, Social Insurance Law No. 58-2014-QH13 dated Nov. 20, 2014. Decree No. 143-2018-NDCP dated Oct. 15, 2018. Circular No. 59-2015-TTBLDTBXH dated Dec. 29, 2015.
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