English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Prenatal check-ups
Article 29 of the Law on Social Insurance provides that pregnant female labourers are entitled
to take leave for five prenatal check-ups. One day is allotted for each check-up. If they live far
from medical establishments or have pathological signs or abnormal pregnancies, pregnant
female labourers are entitled to a two-day leave for each prenatal check-up.
Miscarriage, abortion, fetocytosis and stillbirth
Article 30 of the Law on Social Insurance provides that, when pregnant female labourers are
having an abortion or experiencing miscarriage, fetocytosis or stillbirth, and if the pregnancy is:
After birth
under one month - they are entitled to 10 days of leave;
between one month to three months - they are entitled to 20 days of leave;
between three to below six months - they have 45 days of leave;
six months or more - they are entitled to 50 days of leave.
Article 31 of the Law on Social Insurance provides that the period of leave for female labourers
after giving birth is:
four months - if they perform occupations or jobs under normal working conditions;
five months - if they perform heavy, hazardous or dangerous occupations, work under
the ‘three-shift regime’, work regularly in regions with a regional allowance coefficient
of 0.7 or more or are army or police women;
six months - if they are persons with disabilities;
thirty days extra - for each newborn baby in case of giving birth to baby twins or more.
Regardless of whether one parent is or both parents are covered by social insurance, where
the mother dies in childbirth, the father or the person directly nursing the newborn baby is
entitled to the maternity regime until the child is aged four months. 518
Death of a newborn baby
Article 31 of the Law on Social Insurance provides that, if a newborn baby dies aged: (a)
before 60 days, the mother is entitled to take leave for 90 days counting from the date of
childbirth; and (b) 60 days or more, the mother is entitled to take leave for 30 days counting
from the date her child dies, but the leave period under the maternity regime must not exceed
the period allotted for leave after giving birth.
Adoption
235
Article 32 of the Law on Social Insurance provides that labourers adopting a child aged under
four months are entitled to take leave for enjoying the maternity regime until the child is aged
four months.
518
Law on Social Insurance, Article 31
Employment (Article 11 of CEDAW)