As prescribed in Article 31, Law on Social Insurance, employees participating in compulsory social insurance shall be entitled to maternity benefits as one of the following cases: pregnant female employees; female employees giving birth to children; female employees as surrogate mothers and intended mothers; employees adopting under-6-month children; female employees having intrauterine devices or employees taking sterilization measures; male employees currently paying social insurance premiums whose wives giving birth to children.

However, employees eligible for the maternity regime are those who cover the required duration of social insurance contribution as specified below: female employees giving birth to children, employees adopting under-6-month children, or female employees as surrogate mothers and intended mothers must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption. In case female employees giving birth have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment, they must have paid social insurance premiums for at least full 3 months within 12 months before childbirth. Employees who fully satisfy the above conditions and terminate their labor contracts or working contracts or cease working before the time of childbirth or before the time of adoption of under-6-month children are still entitled to the maternity regime.

To protect female employees’ health and income while performing motherhood, the law creates maximum favorable conditions for female employees to fully enjoying the benefits by taking leaves and receiving maternity payment.

Pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up; employees who live far from health establishments or have pathological signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up. The leave period shall be counted in working days, excluding public holidays, New Year holidays, and weekends. When getting miscarriage, abortion, stillbirth or pathological abortion, female employees may take a maternity leave as prescribed by a competent health establishment.

Illustrative image (source: internet)

Female employees are entitled to a 6-month leave; female employees who give birth to twins or more infants shall be entitled to an additional leave of 1 month for each infant from the second.

Moreover, employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months. In case both parents are covered by social insurance and fully satisfy the conditions for enjoying the maternity regime, either father or mother only is entitled to a maternity leave.

For the best care for children, the law also allows male employees whose wives give birth to children to be entitled to a maternity regime. As specified in Clause 2, Article 34, Law on Social Insurance, within the first 30 days after the date wives giving childbirth, the husbands are entitled to a maternity leave from 5 to 14 working days: 5 working days for normal child-giving; 7 working days in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy; 10 working days in case their wives give birth to twins; or additional 3 working days for each infant from the second; 14 working days in case their wives give birth to twins or more infants and take childbirth operation.

As prescribed in Article 38, Law on Social Insurance, female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times of the basic salary. The father is entitled to a lump-sum allowance equaling 2 times of the basic salary in case only the father is covered by social insurance and has paid social insurance premiums for at least full 6 months within 12 months before childbirth.