Immediately after the wife gives birth, the father who is paying compulsory social insurance (SI) only needs to prepare a copy of the birth certificate or birth certificate of the baby; if he or she wants to be paid a higher leave for cesarean section or a child under 32 weeks old, the dossier must include an additional discharge certificate or confirmation from the medical facility clearly stating the birth status.
Employees submit this dossier to the enterprise no later than 45 days from the date of end of their maternity leave. After receiving the document, the employer must make a list and transfer all documents to the Social Insurance agency within 7 working days. The Social Insurance agency has an additional 7 working days to resolve the issue, or 5 days if the father submits the application himself (in case of quitting his job, no longer with the company).
The allowance - equivalent to 100% of the average salary for social insurance contributions in the last 6 months - will be paid through a bank account, directly at the social insurance agency or through a business, depending on the employee's choice.
For voluntary social insurance, the procedures are more concise. Accordingly, the father must only bring a copy of the birth certificate (or birth certificate) to submit to the Social Insurance within 60 days from the date of birth. The Social Insurance Agency handled the case within 5 working days and paid a fixed allowance of VND2 million per child, the source of expenditure from the State budget.
If the application is submitted late or the enterprise/SACS resolves the maternity regime beyond the time limit, the parties must include a written explanation; the delay causing damage may require compensation according to Article 92 of the Law.
