Headlines 03/07/2019 08:05 SA

Paternity insurance benefits for male workers applied from July 1, 2019

Quý Nguyễn

Pursuant to the Government’s Decree No. 38/2019/ND-CP the 2014 Law on Social Insurance and other documents providing instructions for implementation thereof, paternity insurance benefits granted to male workers from July 1, 2019 will be as follows:

1. Entitlement to leave paid by paternity insurance covers

** Insured leave period:


- If male workers currently paying social insurance contributions have their childbearing spouses, they will be entitled to take leave within the first 30 days from the date of baby delivery: 

+ 05 days-off in case of natural birth;

+ 07 days off in case of surgical birth or delivery of baby under 32 weeks of age;

+ 10 days off in case of twin, triplet or multiple birth. In this case, each baby is equivalent to 03 days off;

+ 14 days off in case of surgical birth of twins or more.

- If the child’s father solely participates in the social insurance program and the child’s mother dies after baby delivery or faces post-natal health risks causing her child care incapacity as attested by an authorized healthcare establishment, the following circumstances may occur:  

The insured father will be entitled to take leave until his child reaches 6 months of age.

- If only mother participates in the social insurance plan, or both spouses participates in the social insurance plan and the mother dies after birth, the insured father will be entitled to take leave covered by paternity insurance benefits during the mother’s remaining leave period.  

If the mother participates in the social insurance plan but is not eligible to take leave, the father may take leave covered by paternity insurance benefits until his child is 6 months of age.

** Insurance cover entitlement rate for leave period

Entitlement rate = 100% x (monthly average pay rate: 24) X Number of allowed days off

The followings may occur:

- If the insured person has paid social insurance contributions for at least 6 months from the date of birth, the monthly average pay rate will be equal to the average rate of pay in the contribution month determined 6 months preceding the insured leave.

- If the insured pays social insurance contributions for less than 5 months, the monthly average pay rate will be equal to the average rate of pay in months during which social insurance contributions have already been paid.

Example: Mr. A’s wife naturally gives birth to a baby on March 16, 2016 and has details of the following contribution periods: 

- From October 2015 to January 2016 (4 months), paying social insurance contribution calculated on the pay rate of 5,000,000 dong/month;

- From October 2015 to January 2016 (2 months), paying social insurance contribution calculated on the pay rate of 6,500,000 dong/month.

The calculation formula is as follows: Average rate of pay = (5,000,000 X 4) + (6,500,000 X 2) / 6 = 5,500,000 (dong/month)

Entitlement rate = 100% X (5,500,000 : 24) X 5 = 1,145,833 dong.

Notes:  If the leave period is fully a month, the entitlement rate for one month will be calculated as follows:

Entitlement rate for 1 month is equal to 100% of the average rate of pay in the contribution month calculated in 6 months before the leave period starts, or 100% of the monthly pay average rate in the contribution months if the insured person has not fully paid 6 months’ contribution, but is still eligible for insurance benefits.

2. Entitlement to lump-sum insurance benefits in case of birth

** Insurance coverage rate:


The amount of insurance coverage received from July 1, 2019 will be 2,980,000 dong (2 times more than the base pay rate) per each child.  This amount will be subject to change if the State makes adjustments in the base pay in 2020.

**Beneficiaries of insurance covers:

- Male workers paying 6-month social insurance contributions in full within the 12-month period prior to birth whose spouses have not participated in the compulsory social insurance plan.

- Male workers whose spouses are intended mothers in surrogacy arrangements, pay social insurance contributions from at least 6 months within the period of 12 months on the date of receipt of the baby with respect to the case in which both intended mothers and surrogate mothers do not participate in the compulsory social insurance plan or are ineligible. 

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