The Ministry of Labor, War Invalids and Social Affairs issued Official Letter 2161/LDTBXH-BHXH dated June 16, 2020 on the implementation of maternity benefits for foreign workers . Accordingly this official letter, enterprises and business units with foreign male employees will have right to maternity benefits according to regulations if they participate in compulsory social insurance. Maternity regime for foreign male employees in Viet Nam? LSX Lawfirm will answer this question.
Legal grounds
Decree 143/2018/ND-CP
Law on Social Insurance
Publication 2161/LDTBXH-BHXH
Conditions for enjoying the maternity regime of male foreign workers
Official Letter 2161/LDTBXH-BHXH guiding the conditions for enjoying maternity benefits for foreign workers will be based on the conditions; specified in Clause 1, Article 7, Decree 143/2018/ND-CP promulgated on October 15, 2018; – “Conditions for enjoying the maternity regime comply with the provisions of Article 31 of the Law on Social Insurance”.
Thus, male workers who are foreign citizens entitled to maternity benefits must meet the following conditions:
- Male workers are paying compulsory social insurance.
- Has a wife and children.
In case of adopting a child under 6 months old; male employees must pay social insurance contributions for full 06 months or more within 12 months of adoption.
Maternity leave for foreign male employees
Maternity leave for male employees who are foreign nationals is similar to that of Vietnamese male employees; as specified in Clause 2, Article 34 of the Law on Social Insurance as follows:
Male employees who are paying social insurance premiums when their wives give birth to children have right to maternity leave as follows:
- 5 working days off;
- Have right to 07 working days off when the wife gives birth to a child requiring surgery or gives birth to a child under 32 weeks old;
- In case the wife gives birth to twins, she has right to 10 working days off; from the birth of triplets or more, for each additional child, she has right to an additional 03 working days;
- In case the wife has twins or more that need surgery, she has right to 14 working days off.
The time off from work to enjoy the maternity regime is only counted in the first 30 days from the date the wife gives birth. The cases of leave before the wife gives birth; or after 30 days after the wife gives birth will not be counted as maternity leave but will be counted in the case of leave or other leave depending on each specific case.
One-time maternity allowance for male foreign workers
The one-time allowance for male workers who are foreign nationals, prescribed in Article 38 of the Law on Social Insurance.
Specifically, in case of giving birth but only the father participates in social insurance, the father has right to a lump-sum allowance for each child equal to 02 times the base salary in the month of childbirth. In case of adopting a child under 6 months old, they have right to the same lump-sum allowance.
Thus, according to Publication 2161/LDTBXH-BHXH and other current legal documents, male employees who are foreign citizens participating in compulsory social insurance as prescribed will have right to the same maternity benefits as for male workers are Vietnamese. Maternity regime includes leave and maternity allowance 1 time (if the eligibility conditions are met).
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Related questions
Firstly, have a work permit or practice certificate or a practicing license by a competent Vietnamese authority;
Secondly, have an indefinite-term labor contract or a definite-term labor contract of full 01 year or more with an employer in Vietnam
When participating in social insurance, foreign workers will have right to compulsory social insurance regimes, in which maternity benefits in Article 7, Decree 143/2018/ND-CP . Specifically, the conditions, period of enjoyment and specific regimes are similar to those of Vietnamese workers accordingly Section 2, Chapter III, Law on Social Insurance 2014
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