Can a husband receive maternity benefits when his wife gives birth?

❓ Mr. Long (Hanoi) has been contributing to social insurance for 15 years, and his wife has just given birth. According to the regulations, he is entitled to 5 days of leave.

Mr. Long asks what documents he needs to submit to receive this benefit?

In response to this issue, the Vietnam Social Insurance Agency provides the following answer:

According to the letter he submitted, there is no information about whether Mr. Long was contributing to social insurance at the time his wife gave birth. Therefore, the Vietnam Social Insurance Agency cannot confirm whether he is eligible for maternity benefits when his wife gives birth. However, the agency provides the following general regulations for his reference to compare with his specific case:

According to Clause 1, Article 31 of the 2014 Social Insurance Law, employees are entitled to maternity benefits when they meet one of the following conditions:

"e) Male workers who are contributing to social insurance and have a wife who gives birth."

According to Clause 2, Article 34 of the 2014 Social Insurance Law, male workers who are contributing to social insurance and whose wife gives birth are entitled to maternity leave as follows:

"a) 05 working days;

b) 07 working days when the wife has to undergo surgery or gives birth prematurely (under 32 weeks of gestation);

c) In the case of a wife giving birth to twins, the male worker is entitled to 10 working days of leave. For triplets or more, an additional 3 working days are granted for each child;

d) In the case of a wife giving birth to twins or more and requiring surgery, the male worker is entitled to 14 working days of leave.

The maternity leave period specified in this Clause is calculated within the first 30 days from the date of the wife’s childbirth."

Regarding the documents required to claim maternity benefits, Clause 4 and Clause 5 of Article 101 of the 2014 Social Insurance Law stipulate:

"4. In the case of a male worker taking leave when his wife gives birth, he must provide a copy of the birth certificate or a copy of the child’s birth registration, and a medical confirmation in case of surgery or premature birth (under 32 weeks of gestation).

5. A list of employees taking maternity leave is to be prepared by the employer."