As Vietnam continues to attract foreign investment and expand its global economic ties, the number of foreign employees working within its borders has steadily increased. Among them, foreign female employees form a vital part of the workforce across various industries. While Vietnam’s labor laws provide comprehensive protections for female workers, including maternity leave, questions often arise as to whether and how these provisions apply to foreign nationals. Do foreign female employees enjoy the same maternity benefits as their Vietnamese counterparts? Are there any special procedures or limitations? This article aims to clarify the legal framework governing maternity leave for foreign female employees in Vietnam, providing guidance for both employers and employees to ensure compliance with applicable laws and fair treatment in practice.
1. Are foreign female employees eligible to participate in compulsory social insurance in Vietnam?
According to Article 2, Decree No. 143/2018/ND-CP
“1. Employees being foreign citizens working in Vietnam who possess a work permit or practice certificate or practice license granted by a competent Vietnamese agency and sign an indefinite-term contract or a contract with a term of at least 1 year with an employer in Vietnam are subject to compulsory social insurance.”
Therefore, foreign female employees who meet the legal conditions—holding a valid work permit and signing a labor contract of at least one year—are eligible and required to participate in Vietnam’s compulsory social insurance scheme.
2. Eligibility requirements for entitlement to the maternity benefit
Foreign employees shall be covered by the maternity regime in 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 give birth to children.
However, it should be noted about the time to participate in social insurance to enjoy this regime of some following subjects:
– Female employees giving birth to children, female employees as surrogate mothers and intended mothers, employees adopting under-6-month children must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption;
– Female employees giving birth to children 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.
Employees who fully satisfy the above-mentioned conditions 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 regime.
3. Maternity regime for foreign female employees giving birth to children
| Category | Details |
|---|---|
| Period of entitlement to the parental benefit | – 6 months of maternity leave before and after childbirth. – Additional 1 month for each child from the second in case of twins or more. – Leave before childbirth must not exceed 2 months. |
| Special cases | – If a child under-2-months old dies: 4-month leave from childbirth date. – If a child aged 2 months or older dies: 2-month leave from date of death. Note: Total leave must not exceed the standard maternity period. |
| Monthly allowance | 100% of the average salary of the 6 months preceding the leave, based on social insurance contributions. |
| Lump-sum allowance upon childbirth | 2 times the basic salary per child. Calculation: 1,490,000 VND * 2 = 2,980,000 VND/child |
| Returning to work early | Allowed if: – Taken at least 4 months of leave; – Employer’s consent and prior notice given. Entitlement: Salary + Maternity benefits until the end of leave period. |
| Convalescence and health rehabilitation after maternity leave | For employees with health not yet recovered within 30 working days after leave: – 10 days: twins or more; – 7 days: surgical birth; – 5 days: others. Allowance/day: 30% of basic salary = 1,490,000 * 30% = 447,000 VND/day |
| Conclusion | Vietnamese law ensures that foreign female employees enjoy equal maternity benefits as Vietnamese female employees. |
In conclusion, Vietnam’s legal framework provides clear and inclusive regulations to ensure that foreign female employees enjoy the same maternity protections as their Vietnamese counterparts. From eligibility for compulsory social insurance to entitlement to maternity leave, financial allowances, and postnatal recovery benefits, the law guarantees fairness and non-discrimination in practice. Employers should be aware of and fully comply with these regulations to avoid legal risks, while foreign employees should understand their rights to better protect their well-being during maternity. As Vietnam continues to promote international integration and attract global talent, aligning labor practices with international standards remains a crucial step toward a more inclusive and equitable working environment.
————————————————-
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
– Nguyen Huong Huyen-