Paternity Leave Rights for Foreign Fathers in Vietnam: 5-14 Days Paid Leave Explained

Foreign fathers working in Vietnam are entitled to 5-14 days of paid paternity leave depending on birth circumstances. Natural births grant 5 working days, cesarean sections or premature births provide 7 days, twins offer 10 days for natural delivery or 14 days for cesarean, with 3 additional days per child from the third onward. The Social Insurance Authority pays 100% of salary based on the month before leave begins. This leave must be taken within 60 days of childbirth under regulations effective July 1, 2025. The entitlement applies equally to Vietnamese nationals and foreign workers who participate in compulsory social insurance through valid work permits, with payment terms for foreign employees typically determined by employment contract.

How Many Days of Paternity Leave Can Foreign Fathers Take in Vietnam?

Foreign fathers in Vietnam receive 5 to 14 working days of fully paid paternity leave, with duration determined by delivery method and number of children born.

Vietnam’s Labour Code 2019 and Social Insurance Law 2024 (effective July 1, 2025) establish paternity leave entitlements for all employees participating in compulsory social insurance, including foreign workers with valid work permits. The law differentiates entitlement based on birth circumstances rather than employee nationality.

Standard natural births of a single child provide 5 working days. Cesarean sections or premature births occurring before 32 weeks gestation extend the entitlement to 7 working days. Twin births grant 10 working days for natural delivery or 14 working days for cesarean section. For triplets or higher-order multiples, fathers receive the base twin entitlement plus an additional 3 working days for each child from the third onward.

Paternity Leave Entitlement by Birth Type:

Birth Circumstances	Days Entitled
Single child – natural birth	5 working days
Single child – cesarean OR premature (<32 weeks)	7 working days
Twins – natural birth	10 working days
Twins – cesarean	14 working days
Triplets – natural	13 working days (10 + 3)
Triplets – cesarean	17 working days (14 + 3)
Each additional child beyond twins	+3 working days

Working days exclude weekends, public holidays, and Tet (Lunar New Year) celebrations. A father taking 5 working days during a week with a public holiday consumes only 5 days of entitlement, not the holiday itself.

Updated 60-Day Timeline:

Effective July 1, 2025, fathers must take paternity leave within 60 days from the date of childbirth. This represents a significant extension from the previous 30-day requirement. The regulation permits splitting leave across multiple intervals, requiring only that the first day of the final interval falls within the 60-day window and total usage does not exceed the entitled amount.

Who Is Eligible for Paternity Leave in Vietnam – Foreign Teachers Included?

Foreign fathers qualify for paternity leave when they contribute to Vietnam’s compulsory Social Insurance system, hold valid work authorization, and maintain employment contracts meeting minimum legal standards.

Social Insurance Law 2024 establishes compulsory social insurance coverage for employees working under labor contracts of at least one month, including foreign citizens working in Vietnam with work permits, practice certificates, or practice licenses issued by competent Vietnamese authorities. This creates equal treatment between Vietnamese nationals and foreign workers for paternity leave purposes.

Eligibility requires three mandatory conditions. Foreign employees must possess valid work authorization through work permits (standard for teachers), practice certificates (for licensed professionals), or practice licenses (for technical specialists). They must actively contribute to compulsory social insurance. They must work under written employment contracts of minimum one-month term, properly registered with local labor authorities.

Eligibility Requirements:

Work Authorization:

• Work permit (typical for foreign teachers)
• Practice certificate (for doctors, lawyers, accountants)
• Practice license (for technical consultants and specialists)

Social Insurance Participation:

• Active contributions to Vietnam’s compulsory social insurance system
• No extended gaps in contribution history
• Proper employer registration with Social Insurance Authority

Employment Contract:

• Written format (verbal agreements don’t qualify)
• Minimum 1-month term (teaching contracts typically 1-2 years)
• Registration with labor authorities within 30 days of signing

Foreign fathers with Vietnamese spouses qualify based solely on their own social insurance participation, independent of spouse nationality or employment status. Foreign teachers whose foreign spouses give birth—whether in Vietnam or abroad with proper documentation—qualify when meeting the three core requirements.

How Much Is Paternity Leave Paid for Foreign Fathers in Vietnam?

Foreign fathers on paternity leave receive 100% of their salary from the Social Insurance Authority, calculated based on the social insurance contribution salary from the month immediately preceding leave commencement.

Social Insurance Law 2024 establishes payment at 100% of the monthly salary on which social insurance premiums were based. For paternity leave specifically, the calculation uses the single month immediately before leave begins. This differs from maternity leave which uses a 6-month average calculation method.

For Vietnamese nationals, the Social Insurance Authority disburses paternity leave payment directly to employees through bank transfer. For foreign employees, payment mechanisms involve contractual flexibility. Foreign employees’ paternity leave payment may come directly from the Social Insurance Authority, through employer payment with subsequent SI reimbursement, or via specific contractual arrangements detailed in employment agreements. The payment rate (100%) is mandated by law, while the payment mechanism and timing may vary based on contract terms.

Salary Calculation Components:

The salary used for calculation represents the monthly social insurance contribution salary reported to the Social Insurance Authority, which includes:

Included:

• Base monthly teaching salary
• Contractually specified fixed allowances (housing, transportation)
• Regular monthly bonuses forming part of standard compensation
• All remuneration subject to social insurance contributions

Excluded:

• One-time performance bonuses (Tet bonus, year-end awards)
• Overtime compensation beyond standard contract hours
• Benefits not subject to SI contributions (meal vouchers, phone allowances)
• Expense reimbursements

Zero-Cost Contribution Period:

The paternity leave period counts as social insurance contribution time without requiring actual premium payments. Neither employee nor employer pays social insurance contributions during leave, yet the period counts toward total contribution years for pension eligibility and other long-term benefits.

What Documents Do Foreign Fathers Need to Apply for Paternity Leave?

Foreign fathers must submit specific documentation to employers and Social Insurance Authority to claim paternity leave benefits, with coordination required among employee, employer HR department, and local SI office.

Required documentation falls into three categories based on submission destination. Internal company documents submitted to employer HR departments initiate the leave request process. Birth-related documents provide official proof of childbirth circumstances. Social Insurance documents enable benefit payment processing.

Documentation Requirements:

Internal Company Submission:

• Written leave application specifying:
  • Intended leave dates
  • Duration in working days
  • Birth circumstances (natural/cesarean, single/twins/multiples)
  • Actual or expected birth date
• Employment contract copy (if first SI benefit claim)

Birth Documentation:

• Hospital discharge papers showing:
  • Childbirth date
  • Delivery method (natural or cesarean)
  • Number of children born
  • Premature birth notation if applicable
• Birth certificate for each child
• Marriage certificate (if requested)

Social Insurance Documentation:

• Social Insurance book or SI number
• Employment confirmation letter from employer (if book not yet issued)
• Completed SI benefit application forms

Application Timeline:

While no legal advance notice requirement exists, foreign fathers should notify employers 2-4 weeks before expected birth dates when possible. After birth, documentation for SI payment claims should reach the Social Insurance Authority within 30 days to ensure timely processing. Hospital discharge papers and birth certificates typically become available 1-2 weeks after birth.

Social Insurance Authority processing takes approximately 15-20 working days after receiving complete documentation. Employers using direct-payment-with-reimbursement arrangements may provide faster payment.

Special Circumstances:

Twins and Multiple Births:

• Hospital discharge papers must explicitly state number of children
• Individual birth certificates required for each child
• Additional 3-day increments require clear documentation of 3rd, 4th child

Premature Births:

• Medical certificate stating specific gestational age at delivery
• Hospital documentation supporting 7-day entitlement vs. standard 5 days

Cesarean Deliveries:

• Discharge papers specifying “cesarean delivery” or “surgical birth”
• Specific notation required beyond standard birth certificate details

When Must Foreign Fathers Take Paternity Leave – Can They Split the Days?

Foreign fathers must take paternity leave within 60 days from the date of childbirth, with regulations permitting split usage across multiple intervals.

Social Insurance Law 2024, effective July 1, 2025, established the current 60-day window, extending from the previous 30-day requirement. This extension addresses concerns about coordinating leave with academic calendars and practical family circumstances without risking entitlement forfeiture.

The 60-day countdown begins from actual birth date, not from the next working day. Missing this deadline results in permanent entitlement forfeiture—no extensions exist for any circumstances, and unused days provide no compensation or carryover.

Split Usage Provisions:

The law explicitly permits dividing paternity leave across multiple separate intervals. This flexibility helps teachers manage semester obligations while accessing full entitlement. Split usage must meet specific conditions:

Requirements:

• Total days across all intervals cannot exceed entitled amount
• First day of final leave interval must fall within 60-day window
• Each interval requires separate employer notification
• All intervals must occur between birth date and 60-day deadline

Split Usage Example:

Baby born February 10:

• Interval 1: February 11-13 (3 days after birth)
• Interval 2: March 5-6 (2 days when mother returns to work)
• Interval 3: March 25 (1 day for pediatric appointment)
• Total: 6 days, final interval within April 10 deadline

Can Foreign Teachers Take Paternity Leave During Semester – What About Exam Periods?

Foreign teachers possess the legal right to take paternity leave regardless of academic calendar timing, and employers cannot legally deny leave based on semester schedules or exam periods.

Labour Code 2019 prohibits discrimination against employees exercising lawful leave rights. Schools cannot refuse paternity leave, pressure fathers to delay until semester breaks, or create adverse consequences for using legally protected entitlements. Taking entitled leave does not constitute grounds for contract termination or non-renewal.

However, the intersection of legal rights and professional relationships requires careful navigation. International schools and language centers operate on strict academic calendars where teacher absence creates genuine student impact and administrative challenges.

Coordination Strategies:

Early Communication:

• Notify HR and academic coordinator 6-8 weeks before expected birth
• Provide approximate timing within the 60-day window
• Discuss substitute arrangements and schedule adjustments

Flexible Timing:

• Take immediate days if birth occurs during non-critical periods
• Consider split usage if birth coincides with exam weeks
• Coordinate with spouse if both are teachers

Coverage Planning:

• Prepare detailed lesson plans for substitute coverage
• Brief colleagues on student progress and assessment deadlines
• Offer makeup sessions when feasible

Understanding Maternity Leave: 6 Months Paid for Female Teachers in Vietnam helps dual-teacher households coordinate family leave planning effectively.

What Additional Leave Can Foreign Fathers Access Beyond Paternity Leave?

Foreign fathers can access multiple additional leave types beyond standard paternity entitlement, though each category has distinct eligibility requirements, payment structures, and approval processes.

Beyond immediate post-birth paternity leave, both fathers and mothers contributing to social insurance qualify for annual paid parental leave for ongoing childcare until children reach age 7. This separate entitlement provides up to 20 working days per year per child aged under 3 years, reducing to up to 15 working days per year for children aged 3 to under 7 years.

Vietnamese nationals receive 75% of normal salary from the Social Insurance Authority during parental leave. Foreign employees’ payment terms remain subject to employment contract negotiation. Parental leave requires employer approval (unlike automatic paternity leave) and medical certification for sick child care claims.

Leave Type Comparison:

Leave Type	Duration	Payment Rate	Timing	Approval
Paternity Leave	5-14 days	100% salary (SI)	Within 60 days of birth	Automatic right
Parental Leave	20 days/year (<3 yrs) 15 days/year (3-7 yrs)	75% salary (SI)	Annual reset	Employer approval
Annual Leave	12 days/year	100% salary	Year-round	Employer agreement

Annual Leave Coordination:

Foreign teachers receive 12 days of annual paid leave after completing 12 months of service, increasing by 1 day per 5 years with the same employer. This leave can combine with paternity leave to extend total time off. Teachers can take 5-7 days paternity leave immediately after birth, then add consecutive annual leave days to create extended periods away from work.

Special Compassionate Provision:

If the mother dies during or shortly after childbirth and the father is the only parent participating in social insurance, he receives paid leave until the child reaches 6 months of age. This requires medical documentation, death certificate confirmation, and verification that no other eligible parent can access benefits.

What Penalties Do Employers Face for Denying Paternity Leave?

Employers who refuse, delay, or obstruct foreign fathers’ legal right to paternity leave face financial penalties under Vietnam’s labor law enforcement framework, with sanctions ranging from VND 5 million to VND 75 million depending on violation severity.

The Ministry of Labour, Invalids and Social Affairs (MOLISA) and provincial labor departments hold authority to impose administrative penalties. Employers failing to process paternity leave documentation, refusing to submit benefit claims to Social Insurance Authority, or withholding salary during legally protected leave periods trigger penalty provisions.

Penalty Framework:

Social Insurance Violations:

• Late social insurance contribution filing: 12-15% of unpaid amount
• Interest charges on overdue contributions: 0.03% per day
• Maximum fine cap: VND 75,000,000
• Severe repeated violations: Potential business operation suspension

General Labor Law Violations:

• Wage and benefit violations: VND 5-50 million based on employee count
• Discrimination for exercising legal rights: VND 10-20 million plus civil liability
• Contract manipulation or forced resignation: VND 20-50 million

Employee Remedies:

Foreign teachers facing employer resistance should document all interactions in writing, submitting leave requests via email with personal email copies for external record-keeping. Requests should reference specific legal provisions (Labour Code 2019, Social Insurance Law 2024) and request written response with specific denial reasons.

Escalation Process:

Informal Resolution (Week 1-2):

• Re-submit written leave request with complete documentation
• Cite specific legal provisions in communication
• Escalate to higher management

Formal Complaints (Week 3-4):

• File complaint with Provincial Department of Labour, Invalids and Social Affairs (DOLISA)
• Report to Labour Inspectorate (Thanh tra Lao động)
• Consult Vietnamese labor lawyers

Legal Action (Month 2+):

• File case with Labour Arbitration Council (typically 1-2 months)
• Pursue civil lawsuit in People’s Court (6-12 months process)

Vietnamese law prohibits employer retaliation for filing labor rights complaints. Teachers facing retaliatory non-renewal, salary reduction, or termination after asserting paternity leave rights have grounds for unfair dismissal claims.

Frequently Asked Questions About Paternity Leave for Foreign Fathers in Vietnam

Do Foreign Teachers on Probation Contracts Get Paternity Leave?

Yes, foreign teachers on probationary contracts receive paternity leave entitlement if they contribute to social insurance, though payment arrangements may require employer-employee negotiation.

Probationary periods (typically 30-60 days for teaching positions) do not disqualify fathers from paternity leave rights under Vietnamese labor law. Teachers on probation have the protected right to take leave without penalty. However, payment arrangements for teachers who haven’t completed extended social insurance contribution periods may require direct negotiation with employers rather than automatic Social Insurance Authority disbursement.

Can Foreign Fathers Split Paternity Leave Across Multiple Weeks?

Yes, Vietnamese regulations explicitly permit splitting paternity leave across multiple intervals provided the first day of the final interval falls within 60 days of birth and total usage doesn’t exceed entitled days.

Teachers can structure split usage strategically: taking days immediately after birth for critical newborn support, then using remaining days weeks later when spouse returns to work or during less demanding academic periods. Each interval requires separate employer notification.

What Happens If Baby Is Born During Tet Holiday?

Babies born during Tet trigger the standard 60-day window counting from actual birth date, not the next working day.

Tet holiday days (typically 7-9 days) don’t count against paternity leave entitlement since leave is measured in working days. A father taking 5 days of leave spanning Tet retains his full working-day entitlement because Tet days are public holidays, not working days. Teachers can combine Tet holiday plus paternity leave for extended consecutive calendar days off.

Hospital discharge papers and birth certificates may be delayed during Tet due to government office closures. Request provisional documentation before Tet closure and file SI claims within 30 days when offices reopen.

Do Fathers Need Spouse Consent to Take Paternity Leave?

No, Vietnamese paternity leave law does not require spousal consent, signature, or approval. Paternity leave is an individual employment right granted directly to fathers based on their own social insurance participation and employment contract, independent of mother’s employment status, nationality, or preferences.

Can Fathers Take Leave If Spouse Gives Birth Outside Vietnam?

Yes, foreign fathers working in Vietnam whose spouses give birth in other countries remain entitled to paternity leave provided birth occurs while father is actively employed in Vietnam contributing to social insurance.

Foreign birth certificates require legalization for Vietnamese authorities to recognize them: apostille for Hague Convention countries or consular legalization through Vietnamese embassy/consulate for non-Hague countries, often with certified Vietnamese translation. This process can take 2-4 weeks, creating timing pressure within the 60-day window.

What If Employer Refuses to Process Paternity Leave Application?

Foreign fathers facing employer refusal should immediately document everything in writing, re-submit leave requests via email citing specific legal provisions, and escalate from informal resolution to formal complaints with provincial labor authorities.

Given the 60-day leave window, teachers face timing pressures between fighting for full benefits and risking deadline expiration. Pursue aggressive informal resolution for 1-2 weeks, then immediately escalate to formal government complaints to pressure employer compliance quickly.

Explore More Employment Rights for Foreign Teachers in Vietnam

Understanding your complete employment rights helps you navigate Vietnam’s labor regulations confidently. Vietnamese law provides comprehensive support for foreign teachers across multiple benefit categories.

Essential Related Topics:

• Maternity Leave: 6 Months Paid for Female Teachers in Vietnam – comprehensive information for female teachers planning families
• Vietnam Sick Leave Policy: 30 Days Paid Leave Per Year – health-related leave entitlements and social insurance coverage

Stay Current on Employment Rights & Contracts

Vietnamese labor law continues evolving with regular updates to social insurance regulations and foreign worker provisions. Access the latest information in our EMPLOYMENT RIGHTS & CONTRACTS resource center.

Disclaimer: This article provides general information about Vietnamese paternity leave regulations for educational purposes and does not constitute legal advice. Foreign teachers with specific circumstances should consult qualified Vietnamese labor law attorneys.