Công văn 2161/LĐTBXH-BHXH năm 2020 về thực hiện chế độ thai sản đối với người lao động nước ngoài do Bộ Lao động - Thương binh và Xã hội ban hành

To: Social Security Administration of Vietnam

In response to document No. 001/UHV/2019/CV-BHXH dated December 12, 2019 of Unihwasin Vina regarding maternity benefits for foreign workers, below are opinions of the Ministry of Labor, War Invalid and Social Affairs:

Maternity benefits for foreign workers covered by compulsory social insurance in Vietnam are provided for in Article 7 of the Government’s Decree No. 143/2018/ND-CP dated October 15, 2018 elaborating the Law on Social Insurance and the Law on Labor Hygiene and Safety. Clause 1 Article 7 of Decree No. 143/2018/ND-CP prescribes that maternity benefits shall be provided in accordance with Article 31 of the Law on Social Insurance, including male workers covered by social insurance. Article 38 of the Law on Social Insurance prescribes that “In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 02 times the statutory pay ratefor each child in the month of childbirth.”

Pursuant to the aforementioned regulations, when the wife of a foreign male worker covered by social insurance gives birth without being covered by social insurance in Vietnam, he will be eligible for the lump-sum allowance prescribed in Article 38 of the Law on Social Insurance.

Vietnam Social Security shall instruct local social security authorities to provide benefits for workers covered by social insurance accordingly./.

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