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blue-check Regarding maternity benefit fot foreign laborers

Official letter No. 2161/LDTBXH-BHXH dated June 16th, 2020 of the Ministry of Labor - Invalids and Social Affairs regarding performance of maternity benefit with regard to foreign laborers
Posted: 26/6/2020 11:17:49 AM | Latest updated: 30/6/2020 8:55:43 AM (GMT+7) | LuatVietnam: 4990 | Vietlaw: 464
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Any male foreign laborer who is participating in compulsory social insurance in Vietnam under Decree No. 143/2018/ND-CPstatus2 if his wife gives birth, he shall be given a lump-sum allowance equaling 2 times the basic salary (VND 2,980,000 according to current regulations of Decree No. 38/2019/ND-CP).

Article 7 of Decree No. 143/2018/ND-CPstatus2 regulates maternity benefit applicable to foreign employees participating in compulsory social insurance in Vietnam as follows:
Article 7. Maternity benefit
1. Eligibility requirements for entitlement to the parental benefit shall be subject to Article 31 of the Law on Social Insurance.
2. Period of entitlement to the parental benefit
a) The period of parental benefit entitlement shall be subject to Article 32 of the Law on Social Insurance;
b) The period of insurance benefit entitlement in connection with stillbirth, miscarriage or abortion due to pathological conditions shall be subject to Article 33 of the Law on Social Insurance;
c) The period of insurance benefit entitlement in connection with childbirth shall be subject to Article 34 of the Law on Social Insurance;
d) The period of insurance benefit entitlement in connection with child adoption shall be subject to Article 36 of the Law on Social Insurance;
dd) The period of insurance benefit entitlement in connection with use of contraceptive methods shall be subject to Article 37 of the Law on Social Insurance.
3. The rate of entitlement to the parental benefit
a) The female employee who give birth to her child and the employee who adopt a child shall be entitled to the one-off benefit payment as prescribed in Article 38 of the Law on Social Insurance;
b) The rate of the parental benefit entitlement shall be subject to Article 39 of the Law on Social Insurance.
4. The female employee getting back to work ahead of the end date of parental leave shall be subject to Article 40 of the Law on Social Insurance.
5. Social insurance benefits granted to surrogate mothers and intended mothers shall be subject to Article 35 of the Law on Social Insurance, Article 3 and Article 4 of the Government’s Decree No. 115/2015/ND-CPstatus2 dated November 11, 2015 elaborating on certain articles of the Law on Social Insurance in terms of the compulsory social insurance (hereinafter referred to as Decree No. 115/2015/ND-CPstatus2 ).
6. The benefit of health recovery from illness shall be subject to Article 41 of the Law on Social Insurance.
Ms. Phuong Thao (VietlawOnline.com)
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PublishedVietlaw's Newsletter No. 464
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Foreign laborers