What is maximum duration for employees take a leave during pregnancy for pregnancy care in Vietnam?

1. What is maximum duration for employees take a leave during pregnancy for pregnancy care in Vietnam?

Article 31 of the Law on Social Insurance 2014 stipulates conditions for enjoying the maternity benefits as follows:

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who 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 must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

According to current regulations, in case your wife is assigned to take maternity leave, your wife will be entitled to leave. The current law does not specify the time off and it will depend on the designation of the competent medical examination and treatment facility in Vietnam.

2. How many times are pregnant female employees entitled to take leaves for prenatal checks-up in Vietnam?

Article 32 of the Law on Social Insurance 2014 stipulates leave period for prenatal checks-up as follows:

1. 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.

2. The leave period specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

According to this Article, in the case of a pregnant female employee in Vietnam, she will be entitled to take leaves for 5 prenatal checks-up, each time 1 day or 2 days depending on the location of health establishments or have pathological signs or abnormal pregnancies.

3. What are regulations on maternity benefits of female employees as surrogate mothers and intended mothers in Vietnam?

Article 35 of the Law on Social Insurance 2014 stipulates maternity benefits of female employees as surrogate mothers and intended mothers as follows:

1. A female employee as surrogate mother is entitled to the prescribed benefits when getting prenatal check-ups, miscarriage, abortion, stillbirth or pathological abortion, and take a maternity leave until the time of relinquishing the child to the intended mother, with the leave period not exceeding the period specified in Clause 1, Article 34 of this Law. In case the maternity leave period is under 60 days from the date of childbirth to the time of relinquishing the child, surrogate mothers are entitled to continue enjoying the maternity benefits until such leave period reaches full 60 days, including public holidays, New Year holidays and weekends.

2. Intended mothers are entitled to a maternity leave from the time of receiving the child until the child reaches full 6 months.

3. The Government shall provide in detail the maternity benefits, and procedures for enjoying the maternity benefits applicable to female employees as surrogate mothers and intended mothers.

Thus, the maternity regime of female employee as surrogate mother and intended mother will be implemented in accordance with the above provisions in Vietnam.

Best Regards!