English - CEDAW Southeast Asia

CEDAW and the Law:
Article 111 of the Labour Code prohibits dismissal or unilateral termination by the
employer on account of marriage, pregnancy, taking maternity leave or raising children aged
under 12 months, except when the enterprise ceases its operations. During pregnancy,
maternity leave, or raising a child aged under 12 months, female employees are also entitled
to postponement of the unilateral termination of their labour contracts. The Decree on Labour
Violations provides a penalty of a fine of between VND 5 million and VND 10 million for
dismissing or unilaterally terminating labour contracts in these circumstances. 512
Indicator 79
Does the legislation provide paid maternity leave for a reasonable
period of time without loss of seniority and other benefits
The maternity regime has a wide coverage. The Law on Social Insurance states that the
maternity regime covers: (a) pregnancy; (b) giving birth; (c) adoption of children aged under
four months; and (d) intrauterine devices (IUDs) or sterilization procedures. 513
In relation to pregnancy and giving birth, under Article 114(1) of the Labour Code,
female employees are entitled to maternity leave prior to and after the birth of their children
for a total period of four to six months. Where required and with the agreement of the
employer, female employees may take additional leave without pay. 514 Mothers who give birth
to more than one child at one time are entitled to an additional 30 days leave for every
additional child. 515 During maternity leave, female employees who have paid social insurance
are entitled to a social insurance allowance equal to 100 percent of their wages and an
additional allowance of one month’s wage. 516
Article 114(2) of the Labour Code also states that female employees may return to work
prior to the expiry of their maternity leave if they have at least two months rest after birth and
a doctor's certificate confirming that early resumption of work will not affect their health.
Returning female employees need to provide notice to their employers. In this case, they are
to be provided maternity leave allowance as well as the normal wages for the days worked. 517
Coverage
The Law on Social Insurance elaborates on the maternity regime.
234
Article 27 of the Law on Social Insurance provides that the maternity regime covers: (a)
persons working under contracts of indefinite term or contracts of a term of at least three
months; (b) cadres, officials, public servants; (c) defense workers, police workers; and (d)
officers and professional personnel of the people's army, professional officers and noncommissioned
officers, technical officers and noncommissioned officers of the people's police,
and persons engaged in cipher work and enjoying salaries like army men or policemen. The
maternity regime is under the compulsory social insurance regime. It is not subject to
voluntary social insurance.
512
Decree on Labour Violations, Article 15(2)(a)
513
Law on Social Insurance, Article 28
514
Labour Code, Article 114(2)
515
Ibid., Article 114(1)
516
Ibid., Article 144
517
Ibid., Article 114
Review of key legal documents and compliance with CEDAW