Vietnam Social Security (BHXH) said that according to the provisions of the 2024 Social Insurance Law, employees who adopt children under 6 months old may be entitled to maternity benefits if they meet the conditions prescribed by law.
Specifically, point d, clause 1, Article 50 of the 2024 Law on Social Insurance stipulates that employees belonging to groups of compulsory social insurance participants will be entitled to maternity benefits when adopting children under 6 months old.
However, to enjoy this regime, employees must pay compulsory social insurance for 6 months or more in the 12 consecutive months before adopting an adopted child. This regulation is mentioned in Clause 2, Article 50 of the 2024 Social Insurance Law.
Regarding the maternity leave period, Article 56 of the 2024 Law on Social Insurance stipulates that employees who adopt children under 6 months old are entitled to maternity leave from the date of adoption until the child is 6 months old.
In case both parents participate in compulsory social insurance and are eligible for maternity benefits, only one of the two people is entitled to leave to enjoy this benefit.
In addition to maternity leave, employees who adopt children under 6 months old are also entitled to a one-time allowance according to the provisions of Article 58 of the 2024 Social Insurance Law.
Accordingly, the one-time allowance for each child is equal to 2 times the reference level in the month when the employee adopts the child.
Regarding the dossier for enjoying maternity benefits, Clause 4, Article 61 of the 2024 Law on Social Insurance stipulates that the dossier for cases of adopting children under 6 months old includes a copy of the certificate of adoption and a receipt of the child.