Maternity Leave: 6 Months Paid for Female Teachers in Vietnam

Female teachers in Vietnam are entitled to 6 months of paid maternity leave at 100 percent of their average contributory salary, funded by the social insurance system. This includes up to 2 months of pre-birth leave, an additional month for each child in multiple births (7 months for twins, 8 months for triplets), and a lump-sum allowance of 4,680,000 VND per child. After returning to work, teachers receive 60 minutes daily for baby care while the child is under 12 months old, counted as paid working time. Foreign teachers qualify after contributing to social insurance for at least 6 months within the 12 months before childbirth.

According to Vietnam’s Labour Code 2019 and Law on Social Insurance 2024 (Law 41/2024/QH15), these maternity protections apply equally to Vietnamese and foreign female employees working at international schools, language centers, universities, and all educational institutions. The social insurance fund covers all maternity payments, ensuring financial stability during leave.

How Long is Maternity Leave for Female Teachers in Vietnam?

Female teachers receive 6 months (180 days) of maternity leave under Article 139 of the Labour Code 2019, with up to 2 months taken before the expected delivery date. For multiple births, teachers receive an additional month for each child starting from the second child: 7 months (210 days) for twins and 8 months (240 days) for triplets.

Theo Article 139 of the Labour Code 2019, the maternity leave framework includes:

• Standard duration: 6 months (180 days) total leave period
• Pre-birth maximum: 2 months (60 days) before expected delivery
• Twins: 7 months (210 days) – 6 months plus 1 additional month
• Triplets: 8 months (240 days) – 6 months plus 2 additional months
• Multiple births: Additional 30 days (1 month) per child after the first

The 6-month period applies to all female teachers regardless of position, institution type, or contract duration. Teachers may choose how to distribute leave time between pre-birth and post-birth periods, though pre-birth leave cannot exceed 2 months.

How Much Additional Leave for Multiple Births?

For each child after the first, you receive an additional 1 month (30 days) beyond the standard 6-month period.

Birth Type	Standard Leave	Additional Leave	Total Duration
Single birth	6 months	None	6 months (180 days)
Twins	6 months	+1 month	7 months (210 days)
Triplets	6 months	+2 months	8 months (240 days)
Quadruplets	6 months	+3 months	9 months (270 days)

The additional leave period applies per child born, calculated automatically once birth certificates are submitted to social insurance within 30 days of delivery.

How Much Maternity Pay Do Foreign Teachers Receive in Vietnam?

Foreign teachers receive 100 percent of their average contributory salary from the 6 months immediately prior to maternity leave, paid monthly by the social insurance fund, plus a lump-sum allowance of 4,680,000 VND per child.

Theo Articles 58 and 59 of the Law on Social Insurance 2024 (Law 41/2024/QH15), maternity benefits comprise:

1. Monthly Maternity Allowance

• 100 percent of average salary calculated from the 6 months before leave begins
• Paid each month during the full leave period (6, 7, or 8 months depending on number of children)
• Disbursed within 10 days of the beginning of each month

2. Lump-Sum Birth Allowance

• 4,680,000 VND per child (2 times the statutory basic salary of 2,340,000 VND effective July 1, 2024)
• 9,360,000 VND for twins
• 14,040,000 VND for triplets
• Paid within 5-10 working days after submitting complete documentation

The maternity benefit comes directly from the social insurance fund, not from employer budgets. The contributory salary includes base salary and regular allowances subject to social insurance but excludes bonuses and overtime pay.

Important Note: This lump-sum amount applies to employees under compulsory social insurance (foreign teachers with employment contracts). Voluntary social insurance participants receive a different amount of 2,000,000 VND per child per Article 95 of the Law on Social Insurance 2024.

How is the Monthly Maternity Benefit Calculated?

Your monthly benefit equals 100 percent of the average salary on which you and your employer contributed social insurance during the 6 months immediately before starting maternity leave.

Calculation Formula: Total contributory salary for 6 months before leave ÷ 6 = Monthly maternity benefit

Example Calculation:

• Month 1 before leave: 25,000,000 VND
• Month 2 before leave: 25,000,000 VND
• Month 3 before leave: 24,000,000 VND
• Month 4 before leave: 25,000,000 VND
• Month 5 before leave: 26,000,000 VND
• Month 6 before leave: 25,000,000 VND

Total: 150,000,000 VND ÷ 6 months = 25,000,000 VND monthly benefit

You receive this amount each month during your entire leave period. If your salary increased during the calculation period, your benefit reflects the higher average.

What Are the Eligibility Requirements for Maternity Leave in Vietnam?

To qualify for paid maternity leave, teachers must have contributed to social insurance for at least 6 months within the 12 months immediately before the expected childbirth date.

Theo Article 50 of the Law on Social Insurance 2024 (Law 41/2024/QH15), eligibility criteria include:

Core Requirements:

1. Social insurance contributions: Minimum 6 months within the 12-month period before delivery
2. Valid labour contract: Fixed-term or indefinite contract with social insurance registration
3. Active coverage: Current participation in Vietnam’s compulsory social insurance system
4. Employer compliance: Employer must be current on social insurance premium payments

Foreign teachers meeting these requirements access identical benefits as Vietnamese citizens. Eligibility depends on contribution history, not nationality.

Can Foreign Teachers on Fixed-Term Contracts Get Maternity Benefits?

Yes, foreign teachers on fixed-term contracts qualify fully if they meet the 6-month contribution requirement within 12 months before childbirth. Contract duration does not limit eligibility – even 1-year contracts qualify provided contributions began at least 6 months before delivery.

Vietnamese labour law requires employers to register all employees for social insurance regardless of contract type or nationality. If your fixed-term contract expires during pregnancy or maternity leave, the law automatically extends your contract until maternity leave ends.

When sick leave becomes necessary during your teaching career, understanding your employment protections remains essential. Vietnam Sick Leave Policy: 30 Days Paid Leave Per Year offers comprehensive guidance on medical leave benefits.

What if I Have Less Than 6 Months of Social Insurance Contributions?

If you have fewer than 6 months of social insurance contributions in the 12 months before childbirth, you do not qualify for paid maternity benefits through social insurance. However, you retain the right to unpaid maternity leave under the Labour Code.

Options with Insufficient Contributions:

1. Negotiate unpaid leave: Discuss 3-6 month unpaid leave arrangements with written agreement
2. Use annual leave: Apply accrued vacation days (12-16 days) to cover partial leave period
3. Defer pregnancy planning: If medically feasible, wait until meeting the 6-month threshold
4. Review employer benefits: Some international schools provide supplementary benefits beyond legal requirements
5. Verify contribution records: Confirm your employer has been making required payments

Teachers arriving in Vietnam mid-pregnancy rarely meet the contribution requirement before delivery. Clarify benefit eligibility timing with your employer during contract negotiations.

What Additional Benefits Do You Receive After Returning to Work?

After returning from maternity leave, you receive 60 minutes per working day for baby care while your child is under 12 months old. This time counts as working hours with no salary deduction.

Theo Article 137(4) of the Labour Code 2019 and Article 80(4) of Decree 145/2020/ND-CP, post-return baby care benefits include:

Post-Return Baby Care Time:

• Daily care time: 60 minutes per working day OR two 30-minute breaks (your choice)
• Duration: While child is under 12 months of age (based on child’s birthdate)
• Full compensation: Counted as working time with no pay reduction
• Scheduling flexibility: Take as one continuous break or split into multiple sessions
• No documentation required: Automatic entitlement without medical certification

Important Clarification: The 60-minute daily allowance is based on your child’s age, not the duration from your return to work. If you return when your baby is 8 months old, you receive the benefit for only 4 more months (until the child reaches 12 months old).

Example Timeline:

• Birth date: January 1, 2026
• Return to work: July 1, 2026 (baby is 6 months old)
• Baby care time ends: January 1, 2027 (when baby turns 12 months old)
• Total benefit period after return: 6 months

You choose how to structure your 60-minute allowance based on teaching schedule and infant care needs. Schools cannot require you to make up these 60 minutes outside regular working hours or deduct salary for baby care time.

How Do You Apply for Maternity Leave in Vietnam?

Apply 30-45 days before your intended leave start date by submitting a written request to your employer with medical documentation. Your employer forwards your application to social insurance within 5 working days, and social insurance processes approval within 10 working days.

Theo Article 97 of the Law on Social Insurance 2024 (Law 41/2024/QH15), the application process follows these steps:

Step 1: Notify Your Employer (30-45 days before intended start date)

• Submit written maternity leave application
• Specify intended start date and expected delivery date
• Confirm current position and teaching assignments

Step 2: Prepare Required Documents

• Medical certificate confirming pregnancy and expected delivery date from licensed Vietnamese healthcare facility
• Social insurance book (Sổ bảo hiểm xã hội)
• Copy of passport or identification
• Employment contract copy

Step 3: Employer Processing (within 5 working days)

• Employer reviews and approves leave request
• Completes social insurance claim forms
• Forwards documentation to social insurance office
• Provides submission confirmation to employee

Step 4: Social Insurance Approval (within 10 working days)

• Social insurance reviews eligibility and documentation
• Verifies 6-month contribution requirement
• Calculates benefit amount based on salary history
• Issues approval notice with payment schedule

Step 5: Post-Birth Documentation (within 30 days of delivery)

• Submit child’s birth certificate to social insurance
• Claim lump-sum allowance (4,680,000 VND per child)
• Confirm final leave end date

What Documents Are Required for Maternity Leave Application?

You need five primary documents for your maternity leave application:

Required Documents:

1. Maternity Leave Application Form
   • Written request addressed to your employer
   • Include: Full name, position, intended leave dates, expected delivery date
   • Sign and date the application
2. Medical Certificate
   • Issued by licensed Vietnamese hospital or clinic
   • Must confirm: Pregnancy status, gestational age, expected delivery date
   • Should be recent (within 30 days of application)
   • Include: Doctor’s name, license number, facility stamp
3. Social Insurance Book (Sổ bảo hiểm xã hội)
   • Original book showing contribution history
   • Employer retains during processing
   • Returned upon returning to work
4. Identification Copy
   • Passport for foreign nationals (all pages with information)
   • Must remain valid throughout maternity leave period
   • Temporary residence card copy if applicable
5. Birth Certificate (submitted after delivery)
   • Official Vietnamese birth certificate (Giấy khai sinh)
   • Required for lump-sum allowance claim
   • Submit within 30 days of childbirth
   • Multiple certificates needed for twins/triplets

Medical certificates from international clinics (Family Medical Practice, Raffles Medical, Columbia Asia) and major hospitals (Vinmec, FV Hospital, Hoan My) are accepted.

What Are the Legal Obligations of Employers?

Employers must maintain your position during leave, continue social insurance contributions, and ensure return to the same or equivalent role upon leave completion with no reduction in salary or benefits.

Theo Articles 137, 139, and 140 of the Labour Code 2019, employer obligations include:

Mandatory Employer Responsibilities:

1. Position Protection During Leave
   • Maintain exact position, job title, and responsibilities
   • Preserve seniority, tenure, and promotion eligibility
   • No reassignment, demotion, or position elimination during leave
   • Contract automatically extends if expiration falls during pregnancy or leave
2. Social Insurance Contribution Continuity
   • Continue required payments (17.5% of salary) throughout leave
   • Base contributions on pre-leave salary level
   • Submit on time to maintain uninterrupted coverage
3. Application Processing
   • Forward applications to social insurance within 5 working days
   • Complete all required claim forms accurately
   • Maintain documentation copies for inspection
4. Non-Discrimination Protections
   • Cannot terminate based on pregnancy, leave, or infant care
   • No salary reduction, benefit cuts, or penalties upon return
   • Must accommodate 60 minutes daily baby care time while child under 12 months old
   • No retaliation for exercising maternity rights
5. Return-to-Work Guarantees
   • Restore to identical position with same compensation
   • If previous position eliminated, offer equivalent alternative
   • Maintain all previously held benefits

Employers cannot require you to use annual leave or other arrangements instead of paid maternity leave if you meet eligibility requirements.

Can Employers Terminate Foreign Teachers During Maternity Leave?

No, Vietnamese law strictly prohibits employers from terminating female employees during pregnancy, maternity leave, or while raising children under 12 months old.

Theo Article 137 of the Labour Code 2019, the termination prohibition covers:

Prohibited Termination Reasons:

• Performance issues or capability concerns
• Position redundancy or workforce reductions
• Contract expiration (automatically extends by law)
• Company restructuring or organizational changes
• Mutual agreement terminations (cannot pressure resignation)

Exception: Termination only permitted if company completely ceases operations and closes permanently.

If you experience termination during pregnancy or leave, document the violation immediately and file complaints with the Provincial Department of Labour, Invalids and Social Affairs for enforcement action.

What Happens if Your Contract Expires During Maternity Leave?

Your employment contract automatically extends by law until your maternity leave ends, regardless of the original contract expiration date. This statutory extension requires no action from you or your employer.

Theo Article 137 of the Labour Code 2019, contract extension protections operate automatically:

Example Timeline:

• Original contract: January 1, 2025 – December 31, 2025 (12 months)
• Maternity leave: September 1, 2025 – February 28, 2026 (6 months)
• Contract automatically extends to: February 28, 2026
• Post-leave status: Contract continues or enters renewal negotiations

Upon maternity leave completion, the employment relationship reverts to normal terms. If your original contract would have expired during the extension, you and your employer negotiate renewal or separation at that point – never during pregnancy or leave.

Beyond maternity leave, understanding your complete leave entitlements helps maintain work-life balance. Annual Leave Rights in Vietnam: 12-16 Days Explained provides guidance on vacation time and other benefits.

What Legal Remedies Are Available for Violations?

You can file complaints with the Department of Labour, Invalids and Social Affairs, request labour inspection, pursue arbitration, and file court action for violations.

Theo Chapter XVII of the Labour Code 2019, the legal remedy process includes:

Legal Remedy Process (Escalating Steps):

Step 1: Internal Complaint

• File written complaint with employer HR department
• Deadline: Within 6 months of violation
• Response required: Within 15 days
• Free, informal resolution attempt

Step 2: Labour Inspection Request

• Contact Provincial Department of Labour, Invalids and Social Affairs
• Request workplace inspection and violation investigation
• Timeline: Inspection within 30 days
• Outcome: Violation findings, compliance orders, administrative sanctions

Step 3: Grassroots Labour Conciliation

• Free mediation through commune/ward labour conciliator
• Voluntary participation, non-binding agreement
• Timeline: Within 7 working days
• Success rate: Approximately 40-50% of cases resolve

Step 4: Labour Arbitration

• File with district-level Labour Arbitration Council
• Filing fees: Minimal, typically waived for employees
• Timeline: Decision within 30 days
• Binding for individual disputes

Step 5: Labour Court Action

• File lawsuit after unsuccessful conciliation
• Required: Conciliation attempt certificate
• Timeline: Judgment typically within 3-6 months
• Appeals available to higher courts

For maternity leave violations, labour inspection (Step 2) often produces fastest results. Maintain detailed documentation of all communications and decisions.

How to Document Maternity Leave Violations

Preserve comprehensive evidence if you experience violations:

Essential Documentation:

• Written communications: All emails, messages, notices regarding maternity leave
• Medical documentation: Certificates, pregnancy confirmations, delivery records
• Application records: Leave applications, employer responses, social insurance confirmations
• Performance reviews: Evaluations before and after pregnancy announcement
• Contract documents: Employment contracts, amendments, automatic extensions
• Termination/disciplinary actions: Any adverse employment actions during protected period
• Financial records: Bank statements, salary payments, benefit deposits

Strong documentation transforms testimony into objective evidence admissible in labour proceedings.

Can You Extend Maternity Leave Beyond 6 Months?

Yes, you can negotiate unpaid leave extension with your employer after the standard 6-month paid leave ends through written agreement.

Theo Article 139 of the Labour Code 2019, extension options include:

Extension Options:

1. Unpaid Maternity Leave Extension
   • Duration: Typically 3-6 additional months by mutual agreement
   • Compensation: None from social insurance
   • Position protection: Contract continues, position maintained
   • Documentation: Written agreement specifying duration and conditions
2. Annual Leave Utilization
   • Duration: Use accrued vacation days (12-16 days)
   • Compensation: Full salary for annual leave days
   • Strategy: Schedule immediately following maternity leave
3. Medical Extension for Complications
   • Duration: Variable based on medical certification
   • Compensation: Sick leave benefits at 75-100% salary for up to 30 days
   • Requirement: Medical certificate documenting complications
4. Part-Time Return Arrangement
   • Duration: Typically 3-6 month transitional period
   • Compensation: Pro-rated salary based on reduced hours
   • Schedule: Commonly 50-75% of full-time hours

Negotiate 4-6 weeks before your paid leave ends. Document all agreements in writing with signatures from yourself, supervisor, and HR department.

Frequently Asked Questions About Maternity Leave in Vietnam

Do Part-Time Foreign Teachers Get Maternity Leave?

Yes, if you contribute to social insurance for at least 6 months within 12 months before childbirth, regardless of part-time or full-time status.

Your benefit calculation reflects your part-time contributory salary:

Example Comparison:

• Full-time teacher salary: 25,000,000 VND/month
• Part-time teacher (50% hours): 12,500,000 VND/month
• Part-time maternity benefit: 12,500,000 VND/month (100% of part-time rate)

Part-time teachers receive identical duration (6 months, 7 for twins, 8 for triplets), lump-sum allowance (4,680,000 VND per child), and baby care time (60 minutes daily while child under 12 months old).

What Happens if I Work at Multiple Schools?

You receive benefits based on your total contributory salary from all employers who contribute to social insurance on your behalf. Vietnam’s social insurance system aggregates contributions across multiple employers.

Multiple Employer Scenarios:

Scenario 1: Two schools both register social insurance

• School A: 15,000,000 VND/month
• School B: 10,000,000 VND/month
• Total benefit: 25,000,000 VND/month

Scenario 2: One school registers, another doesn’t

• School A (registered): 20,000,000 VND/month
• School B (not registered): 8,000,000 VND/month
• Total benefit: 20,000,000 VND/month (only registered amounts)

Verify all employers register and contribute properly. Designate one employer as primary for submitting your application.

Can I Change My Maternity Leave Start Date After Applying?

Yes, notify your employer immediately with updated medical documentation. Provide at least 5-7 working days advance notice before the originally planned start date.

Valid Reasons for Date Changes:

• Medical complications requiring earlier leave
• Premature delivery before planned date
• Updated expected delivery dates from medical check-ups
• Work obligations requiring brief delay

Emergency situations (premature labour, medical crises) allow retroactive adjustments with supporting hospital documentation. Coordinate with employer and social insurance to ensure benefit continuity.

Do I Need to Return to the Same Working Hours After Leave?

Yes, unless you negotiate schedule changes in writing with your employer. The default expectation is return to your previous work schedule with identical hours, days, and responsibilities.

Theo Article 140 of the Labour Code 2019, schedule continuation includes:

• Teaching hours: Resume identical weekly allocation
• Class assignments: Return to previously taught courses/levels
• Working days: Maintain same weekly schedule
• Administrative duties: Resume all non-teaching responsibilities

Schedule modifications beyond the guaranteed 60-minute daily baby care time (while child under 12 months old) require written agreement with specific provisions for new hours, compensation adjustments, duration, and performance expectations.

Female teachers in Vietnam receive comprehensive maternity protections including 6 months paid leave at 100 percent salary, job security guarantees, and post-return baby care time. These rights apply equally to foreign teachers after 6 months of social insurance contributions.

Your Core Entitlements:

Duration & Payment:

• 6 months standard (7 months twins, 8 months triplets)
• 100% salary monthly benefit from social insurance
• 4,680,000 VND lump-sum per child (based on 2,340,000 VND statutory basic salary effective July 1, 2024)
• 60 minutes daily baby care while child under 12 months old

Legal Protections:

• Position guarantee maintained during entire leave
• Contract protection through automatic extension
• Termination prohibition during pregnancy, leave, or while raising child under 12 months
• Non-discrimination protection against salary reductions or penalties

When You Need Help: Contact Provincial Department of Labour, Invalids and Social Affairs for labour inspection if you experience violations. File complaints within 6 months of violations, document all evidence, and pursue remedies from mediation through labour court if necessary.

Understanding your maternity leave entitlements enables you to plan pregnancy with financial security. The social insurance system provides these benefits to support working mothers throughout their teaching careers in Vietnam.

Explore Your Complete Employment Rights in Vietnam

Maternity leave represents one component of Vietnam’s labour protections for foreign teachers. Understanding all employment rights ensures you work with full legal awareness throughout your career.

Discover essential guidance covering:

• Contract requirements and legal protections
• Termination procedures and severance rights
• Working hour limitations and overtime regulations
• Workplace safety standards and insurance coverage
• Dispute resolution mechanisms and legal remedies

Access detailed guides written specifically for foreign teachers navigating Vietnam’s labour law system, ensuring you maximize your legal protections and understand your full range of workplace rights.

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