Lawyer Tran Canh Hien from Phong & Partners Law firm in Ho Chi Minh City answers:
Foreign individuals working under a labor contract of 12 months or more with an employer in Vietnam, and participating in mandatory social insurance as required by Vietnamese law, will be entitled to maternity benefits under Clause 1, Article 7 of Decree 143/2018/ND-CP dated October 15, 2018, similar to the case of domestic workers with pregnant wives. Accordingly, in your case, although the wife does not participate in SI, if the husband is a foreign worker participating in social insurance, the specific maternity benefits that your husband is entitled to include:
Maternity leave for male workers when their wife gives birth:
Within the first 30 days from the date the wife gives birth, the male worker is entitled to maternity leave with the number of working days off depending on each specific case as stipulated in Clause 2, Article 34 of 2014 Social Insurance Law as follows:
"2. Male workers who are participating in social insurance are entitled to maternity leave when their wife gives birth as follows:
a) 05 working days;
b) 07 working days if their wives have to undergo surgery or give birth to a child under 32 weeks of age;
c) 10 working days if their wife gives birth to twins, for triplets or more, an additional 03 working days for each child;
d) 14 working days if their wife gives birth to twins or more and requires surgery.
The period of maternity leave specified in this clause is calculated within the first 30 days from the date the wife gives birth."
In addition, male workers are entitled to maternity leave until the child is 6 months old if the wife dies after giving birth or encounters risks after giving birth that prevent her from being able to take care of the child, as confirmed by a competent medical facility (according to Clause 6, Article 34 of 2014 Social Insurance Law).
The maternity benefit amount for male foreign workers whose wives give birth is calculated based on the total number of days of maternity leave taken, with the daily benefit amount being:
In which: The monthly benefit amount is equivalent to the average salary paid for social insurance over the 6 months preceding maternity leave, or the average salary of the months where social insurance contributions were made if less than 6 months (according to Points a and b, Clause 1, Article 39 of 2014 Social Insurance Law).
One-time allowance upon childbirth:
In addition to the right to maternity leave when the wife gives birth as mentioned above, foreign male workers who have paid social insurance contributions for at least 6 months within the 12 months before childbirth are also entitled to a one-time allowance with the amount of the one-time allowance for each child being:
One-time allowance amount = 2 x Base salary at the time of birth
In which: The current base salary, applied from July 1, 2024, is 2.340.000 VND/month (according to Clause 2, Article 3 of Decree 73/2024/ND-CP dated June 30, 2024).
To be entitled to these maternity benefits, your husband can provide relevant documents to the employer to process the maternity benefit dossier within 45 days from the date of returning to work.
*The article was published in the Da Nang police newspaper on 09/11/2024.
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