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1. Entitled to obstetric specialist examination once a year

Based on Article 1 and 2 of the Labor Safety and Hygiene Law and Article 1 of Decree 145/2020/NĐ-CP, FW are entitled to health check-ups at least once a year. For FW engaged in strenuous, hazardous, or particularly strenuous and hazardous occupations, disabled FW, minor FW, and elderly FW, health check-ups are conducted at least every 6 months.

During regular health check-ups, if the FW is female, she must undergo obstetric specialist examination according to the list of obstetric specialist examinations issued by the Ministry of Health.

2. Entitled to a 30-minute break per day during menstruation

According to the provisions of Article 137(4) of the 2019 Labor Code and Article 80(3) of Decree 145/2020/NĐ-CP, female workers during menstruation are entitled to a 30-minute break each day, counted as working hours, and receive full wages according to the labor contract.

The number of days with breaks during menstruation is agreed upon by both parties but must be a minimum of 03 working days per month.

In cases where there is no need for a break and the employer agrees, the FW will be paid additional wages corresponding to the time off while still working.

3. Entitled to a 60-minute break per day while breastfeeding children under 12 months old

Article 137(4) of the 2019 Labor Code and Article 80(4) of Decree 145/2020/NĐ-CP stipulate that female workers breastfeeding children under 12 months old are entitled to a 60-minute break per day during working hours to breastfeed, express milk, store milk, and rest. The break time is still entitled to full wages according to the labor contract.

4. Entitled to be transferred to lighter work when pregnant and breastfeeding children under 12 months old

According to Article 137(2) of the 2019 Labor Code, female workers engaged in strenuous, hazardous, or particularly strenuous and hazardous occupations, or occupations that adversely affect reproductive function and child-rearing when pregnant and having notified the employer, are entitled to be transferred to lighter and safer work without reducing wages and benefits until the end of breastfeeding children under 12 months old.

5. Not required to work night shifts, overtime, or go on distant business trips while pregnant or nursing infants

According to Article 1 of Article 137 of the 2019 Labor Code, employers are not allowed to use female labor for night work, overtime, and distant business trips in the following cases:

Pregnant from the 7th month onward or from the 6th month if working in highland, remote, border, island areas;

Currently nursing children under 12 months old, except with the consent of the FW.

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6. Given priority in signing new labor contracts when the current contract expires during pregnancy or while nursing infants

According to Article 3 of Article 137 of the 2019 Labor Code, in cases where the labor contract expires during the period when female workers are pregnant or nursing children under 12 months old, they are given priority in signing new labor contracts.

7. Not subject to disciplinary action while pregnant and nursing infants

Based on point d of Article 122 of the 2019 Labor Code, employers are not allowed to impose disciplinary action on FW who are pregnant, on maternity leave, or nursing infants under 12 months old.

Therefore, if violating labor regulations during pregnancy and nursing infants under 12 months old, female workers will not be subject to disciplinary action.

8. Entitled to maternity leave before and after childbirth for 6 months

According to Article 139 of the 2019 Labor Code, maternity leave for female workers is regulated as follows:

- Female workers are entitled to maternity leave before and after childbirth for 6 months; the leave period before childbirth shall not exceed 2 months.

- In the case of female workers giving birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional 1-month leave.

- During maternity leave, female workers are entitled to maternity benefits as prescribed by social insurance laws.

- After maternity leave, if necessary, female workers can take additional unpaid leave after reaching an agreement with the employer.

- Before the end of maternity leave, female workers can return to work after at least 4 months of leave but must notify in advance, obtain the employer's consent, and have confirmation from the authorized medical facility regarding returning to work early without harming the worker's health. In this case, besides the wages for the working days paid by the employer, female workers continue to receive maternity benefits as prescribed by social insurance laws.

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9. Ensured job placement after maternity leave

Article 140 of the 2019 Labor Code requires FW to be guaranteed the same job upon return to work after maternity leave as before, without reduction in wages and rights, benefits compared to before maternity leave; if the previous job is no longer available, the employer must arrange another job for them with a salary not lower than the salary before maternity leave.

10. Not to be terminated or unilaterally terminated from the labor contract while pregnant, on maternity leave, or nursing children under 12 months old

Article 137 of the 2019 Labor Code strictly prohibits employers from terminating or unilaterally terminating contracts with FW for reasons of marriage, pregnancy, maternity leave, or nursing children under 12 months old.

11. Entitled to have breastfeeding rooms installed if the enterprise employs more than 1,000 female workers

Article 5 of Decree 145/2020/NĐ-CP stipulates that if the employer employs 1,000 or more female workers, they must install breastfeeding rooms at the workplace.

At the same time, employers are encouraged to install breastfeeding rooms suitable for the actual conditions at the workplace, the needs of female workers, and the capabilities of the employer.

12. Entitled to unilaterally terminate the contract while pregnant

According to Article 1 of Article 138 of the 2019 Labor Code, pregnant female workers, if continuing to work affects the fetus adversely and confirmed by a medical facility, may unilaterally terminate the labor contract.

This case is still considered a lawful unilateral termination of the contract even if the advance notice period as prescribed by law is not ensured.

13. Entitled to postpone the labor contract while pregnant

Article 138 of the 2019 Labor Code allows pregnant female workers, with confirmation from an authorized medical facility regarding the adverse effects of continuing work on the fetus, to postpone the implementation of the labor contract.

When postponing the contract, pregnant female workers must notify the employer along with confirmation from the medical facility.

In case of postponing the implementation of the labor contract, the duration of postponement agreed upon by the FW and the employer must be at least equal to the period specified for temporary leave by the designated medical facility. If there is no designation from the authorized medical facility regarding the duration of temporary leave, both parties agree on the duration of postponement of the implementation of the labor contract.

14. Equal treatment with male workers regarding salary, bonuses, promotions

According to Article 1 of Article 78 of Decree 145/2020/NĐ-CP, employers are responsible for implementing equal rights for female and male workers, taking measures to ensure gender equality in recruitment, employment, training, wages, rewards, promotions, labor remuneration, social insurance, health insurance, unemployment insurance, labor conditions, occupational safety, working hours, rest hours, sickness, maternity, other material and spiritual welfare benefits.

15. Entitled to maternity insurance benefits

According to the provisions of Article 32 of the Social Insurance Law 2014, during pregnancy, female workers are entitled to take 5 days off for prenatal check-ups, each time for 1 day. In case of being far from the medical facility or having pathological conditions or abnormal pregnancies, pregnant women are entitled to 2 days off for each prenatal check-up.

In case of miscarriage, induced abortion, fetal aspiration, retained dead fetus, or therapeutic abortion, female workers are entitled to a maximum of 10 days off if the fetus is under 5 weeks old; 20 days if the fetus is from 5 to under 13 weeks old; 40 days if the fetus is from 13 to under 25 weeks old; 50 days if the fetus is 25 weeks old or older (according to Article 33 of the Social Insurance Law 2014).

Female workers giving birth are entitled to 6 months of maternity leave both before and after childbirth. In case of giving birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional 1-month leave (according to Article 34 of the Social Insurance Law 2014).