1. Conditions for enjoying the maternity regime when giving birth:

– The female worker must have paid social insurance for at least 06 months within 12 months before giving birth. or 

– The female worker has paid social insurance for 12 months or more, and when pregnant, must take leave to take care of the pregnancy as prescribed by a competent medical examination and treatment facility. In this case, the worker must have paid social insurance for at least 03 months within 12 months before giving birth.

So, Female workers who meet one of the above conditions will be entitled to the maternity regime when giving birth.

2. Duration of maternity benefits when giving birth:

– Female workers who give birth are entitled to maternity leave for 06 months before and after giving birth.

– In the case of giving birth to twins or more, starting from the second child, the mother is entitled to an additional 01 month of leave for each additional child.

– The maximum period of leave before childbirth is 02 months.

– The period of maternity benefits includes public holidays, Tet holidays, and weekends.

3. Maternity benefit levels:

Benefit 1: 

Female workers giving birth or workers adopting a child under 06 months of age are entitled to a one-time allowance for each child equal to 02 times the base salary at the month of giving birth or the month of adoption.

– In the case of giving birth where only the father participates in social insurance, the father is entitled to a one-time allowance equal to 02 times the base salary at the month of giving birth for each child.

Benefit 2: 

The monthly benefit equals 100% of the average monthly salary of the 06 months before taking leave to enjoy maternity benefits. Workers receive 06 months of maternity leave.

Example: Ms. A (foreign labor)  has been working at Company X with an average SI contribution salary of 10,000,000 VND/month for the last 6 months and is eligible for maternity benefits.

So how much maternity benefit will Ms. A receive when giving birth?

Answer: 

Ms. A will receive two amounts upon giving birth as follows:

1. One-time allowance = 2 times the base salary = 2 * 2,340,000 = 4,680,000 VND/child

(Base salary applied from 01/07/2024 is 2,340,000 VND/month)

2. Maternity benefit for 6 months: 10,000,000 * 6 = 60,000,000 VND.

Thus, the total maternity benefit that Ms. A will receive is 64,680,000 VND.

Female foreign workers employed and participating in social insurance in Vietnam are fully assured of their rights, reflecting Vietnam’s commitment to protecting the interests of international workers. This not only promotes equality but also helps create a friendly and sustainable working environment for foreign labor.

The above is some information related to the maternity regime for foreign female workers in Vietnam. 

For further assistance, please contact TPM’s team for support.

  Do Thi Thu Quynh – Head of Payroll and HR Services – quynh.do@tpm.com.vn

Reference Sources:

– Social Insurance Law No. 58/2014/QH13 dated November 20, 2014

– Decree 143/2018/ND-CP issued on October 15, 2018

– Decree 115/2015/ND-CP issued on November 11, 2015