Attorney Quoc Thai's Office replied:
According to the provisions of Decree No. 45/CP of the Government on promulgating the Social Insurance Regulations for officers, professional soldiers, non-commissioned officers, soldiers of the People's Army and People's Police - maternity regime is specifically regulated as follows:
Female soldiers and police officers who are pregnant and give birth to their first or second child are given three days off to go for prenatal check-ups, one day each time.
In case the pregnant woman belongs to a military unit stationed far from the medical facility or the pregnant woman has a medical condition or an abnormal pregnancy, she will be given 2 days off for each prenatal check-up.
In case of miscarriage, the employee is entitled to 20 days of leave with benefits if the pregnancy is under 3 months; 30 days if the pregnancy is 3 months or more.
Time off work before and after giving birth:
5 months, for female soldiers and female police officers in general;
6 months for female soldiers and police officers working in places with regional allowance coefficient 1, female soldiers and police officers working in special occupations or jobs according to the list issued by the Ministry of Labor, War invalids and Social Affairs.
If giving birth to twins or more, from the second child onwards, for each child, the mother is given an additional 30 days off.
In case after giving birth, if the child dies before 60 days of age (including stillbirth), the mother is entitled to 75 days off from the date of birth; if the child is 60 days old or older and dies, the mother is entitled to 15 days off from the date of the child's death, but not exceeding the time specified in Clause 1 of this Article.
In special cases due to mission requirements, the Head of the unit may mobilize female soldiers and female police officers to return to work before the end of their maternity leave as prescribed in Clause 1 of this Article, if they have been on leave for 60 days or more since giving birth and must be certified by a medical agency that returning to work early is not harmful to their health. In this case, in addition to their salary, they will still receive maternity benefits until the end of their leave as prescribed.
Military personnel and police officers who adopt newborn children according to the provisions of the Law on Marriage and Family will still receive benefits if they quit their jobs.
The maternity allowance during the leave period is equal to 100% of the social insurance salary of the month before the leave. In addition, when giving birth, a one-time allowance is equal to 1 month of social insurance salary.
