According to this document, the Ministry of Labor, War Invalids and Social Affairs gives the following opinions:
Parental insurance benefits paid to workers who are foreign citizens participating in the compulsory insurance plans in Vietnam are provided in Article 7 of the Decree No. 143/2018/ND-CP dated October 15, 2018, elaborating on the Law on Social Insurance and the Law on Occupational Safety and Hygiene regarding the compulsory social insurance for workers and employees who are foreign nationals working in Vietnam.
Clause 1 of Article 7 in the Decree No. 143/2018/ND-CP prescribes that eligibility requirements for entitlement to parental benefits is set out according to the provisions of Article 31 in the Law on Social Insurance, which covers cases in which male workers or employees paying social insurance contributions take care of their child-bearing wives.
Regarding the one-off benefit payment amount, under Article 38 in the Law on Social Insurance, if a child is born with only the father participating in the social insurance plan, he will be entitled to the lump-sum benefit two times greater than the base pay rate that he is paid per a child in each child-bearing month”.
Thus, as stated above, if a male worker or employee who is a foreign citizen participating in the social insurance plan is taking care of his child-bearing wife that is not participating in the social insurance plan in Vietnam, he will be eligible to receive one-time payment of insurance benefit as provided in Article 38 in the Law on Social Insurance.
Vietnam Social Security is requested to provide instructions for local social insurance agencies in order to assure rights and interests of insured workers or employees.
Official Dispatch No. 2161/LDTBXH-BHXH is issued on June 16, 2020.
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