From September 1, 2021, Circular 06/2021/TT-BLDTBXH amending a number of articles of Circular 59/2015/TT-BLDTBXH of the Minister of Labor, War Invalids and Social Affairs on detailed regulations and guiding the implementation of a number of articles of the Law on Social Insurance regarding compulsory social insurance which has officially taken effect (“Circular 06”).

Accordingly, Circular 06 has clarified the condition that male employees are entitled to a one-time allowance when their wives give birth, which is stipulated in Article 38 of the Law on Social Insurance. Specifically, Clause 5, Article 1 of Circular 06 stipulates:

“In case the mother participates in social insurance but is not eligible to receive maternity benefits when giving birth, while the father has enough time to pay insurance then the father is entitled to a one-time allowance according to the statutory rate.”

Inside:

The mother participates in social insurance but is not eligible to receive maternity benefits: are the following cases (Not satisfying Article 31 of the Law on Social Insurance).
• Female workers giving birth; surrogacy and ask for surrogacy; Adoption of a child under 6 months of age paying social insurance premiums for less than 6 months during the 12 months before giving birth or adopting a child.
• Female employees who give birth while pregnant must take time off work to take care of the pregnancy under the direction of a competent medical examination and treatment facility paying social insurance premiums for less than 3 months in the 12 months before giving birth.
Time to pay insurance: Male employees must pay social insurance premiums for full 06 months or more within 12 months before giving birth; The husband of the mother who asks for surrogacy must pay social insurance premiums for full 06 months or more within 12 months up to the time of receiving the child.
The statutory rate: 02 times the base salary in the month of childbirth for each child.

Circular 06 takes effect from September 1, 2021.
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