Female Workers in Vietnam: Legal Rights and Gender Equality Targets

Female workers are integral to Vietnam’s labor force, with their rights, including labor and maternal protections, safeguarded by laws. Ongoing legal and policy reforms continue to strengthen these protections, advancing gender equality in Vietnam.

Vietnam’s female workers in the digital age: Progress and challenges

According to the National Strategy on Gender Equality (2021–2030) report released on May 22, 2024, Vietnam has made significant strides in supporting women’s rights:

• Labor participation: Female wage earners reached 50.9 percent, exceeding the 2025 target of 50 percent and progressing toward the 2030 goal of 60 percent.
• Business leadership: By 2020, women held 28.2 percent of director/owner positions in enterprises and cooperatives, meeting the 2025 target.
• Government representation: 46.67 percent of ministerial agencies and 74.6 percent of provincial-level governments had female key leaders.
• Public sector employment: Women accounted for 47 percent of civil servants and 39 percent of doctors in educational institutions.
• Household labor: Women’s unpaid household and caregiving work remains 1.78 times that of men, close to the target of 1.7 times by 2025.

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Vietnam’s efforts have led to an 11-rank improvement in the World Economic Forum’s Global Gender Gap Index in 2023, moving to 72nd place out of 146 countries. However, challenges persist. Many women work in low-skill, labor-intensive sectors, face job vulnerability due to technological advancements, and earn lower wages than men.

Vietnam’s rapidly aging population adds further challenges, as women comprise 57.82 percent of the elderly population. Elderly women, especially those without pensions, face greater risks of financial insecurity and discrimination. Additionally, in the digital age, women have fewer job opportunities due to lower access to professional training, technical skills, and technology compared to men.

Retirement age roadmap for workers in Vietnam

Under Vietnam’s 2019 Labor Code, employees meeting the required social insurance contribution period are eligible for a pension upon reaching retirement age. By 2035, the retirement age for female employees in standard working conditions will be 60, while for male employees, it will reach 62 by 2028.

Certain employees may retire up to five years before the stipulated retirement age if they meet specific criteria, including:

• 15+ years in hazardous or arduous jobs listed by the Ministry of Labor, War Invalids, and Social Affairs,
• 15+ years in areas with particularly challenging socio-economic conditions, including regions with a regional allowance coefficient of 0.7 or higher prior to January 1, 2021, or
• A reduced working capacity of 61 percent or more.

Conversely, employees with high technical or professional qualifications, as well as special cases, may extend their retirement by up to five years beyond the standard retirement age, unless otherwise specified by law.

Retirement age roadmap for workers in normal working conditions

Minimum retirement age roadmap

Comprehensive benefits for female workers in Vietnam

Vietnam’s labor laws mandate extensive benefits for female employees, aiming to support their health, family responsibilities, job security, and gender equality in the workplace. Employers are legally required to uphold these 15 key benefits and protections, as stipulated by:

• The Law on Occupational Safety and Health
• The 2019 Labor Code
• The 2014 Law on Social Insurance
• Decree 145/2020/ND-CP

1. Annual health and gynecological examinations

All employees are entitled to health examinations at least once a year, with those in hazardous roles (arduous, toxic, or dangerous jobs), as well as employees with disabilities, youth, and the elderly, receiving check-ups at least every six months. For female employees, these examinations must include gynecological check-ups as prescribed by the Ministry of Health. This ensures that female employees’ reproductive health is monitored and supported, especially in workplaces where conditions may pose risks to their well-being.

2. Menstrual leave

Female employees are entitled to 30 minutes of daily leave during menstruation, counted as working hours with full salary, for at least three days per month. The number of days is determined through mutual agreement between the employee and employer. If a female employee decides not to take the leave and her employer consents, she is compensated with additional pay for the equivalent time. This provision ensures that women have time to rest and maintain productivity while receiving necessary support during menstruation.

3. Breastfeeding and nursing breaks

Female employees with children under 12 months are entitled to 60 minutes of daily paid break time during working hours, allowing them to breastfeed, express, and store milk or rest as needed. This time is considered part of their work hours and does not impact their salary. This regulation encourages working mothers to balance their roles at home and work by providing them with the time and space necessary for child-rearing responsibilities during work hours.

4. Adjusted work conditions during pregnancy

Employers must accommodate pregnant employees by assigning lighter, safer tasks if the employees notify their employers of health concerns. Female employees in demanding or hazardous roles are to be transferred to suitable positions that do not endanger their reproductive health or child-rearing responsibilities. This reassignment is temporary and does not reduce the employee’s salary, rights, or benefits until the child reaches 12 months of age. Employers must also fully inform employees of any risks related to their job, ensuring that workplace safety is prioritized in roles that may affect female employees’ reproductive health.

5. Restrictions on night shifts, overtime, and travel

Pregnant employees from the seventh month (or sixth month if working in remote, mountainous, or island areas) and those with children under 12 months are exempt from night shifts, overtime, and extended business trips unless they give explicit consent. This exemption protects female employees from potential health risks associated with late hours and strenuous activities during sensitive periods.

6. Priority for labor contract renewal

If a female employee’s labor contract expires while she is pregnant or caring for a child under 12 months, she is prioritized for contract renewal. This regulation helps ensure continuity of employment and income stability for female workers during critical family life stages.

7. Protection from disciplinary actions during pregnancy and childcare

Employers are prohibited from disciplining employees who are pregnant, on maternity leave, or caring for a child under 12 months. If disciplinary issues arise during this time, employers must wait until the end of the maternity leave or childcare period. However, labor regulations allow the statute of limitations for disciplinary action to be extended, ensuring accountability while protecting female employees during these periods.

8. Six-month maternity leave

Female employees are entitled to six months of maternity leave, with up to two months taken before childbirth. For multiple births, an additional month is added for each additional child. During maternity leave, employees are eligible for maternity benefits as outlined by social insurance regulations. If additional time is needed, they can negotiate unpaid leave with their employer. Female employees may return to work after four months with medical clearance, receiving both their salary and continued maternity benefits.

9. Guaranteed job reinstatement after maternity leave

Upon completing maternity leave, female employees are guaranteed reinstatement to their previous role, with no reduction in salary, benefits, or seniority. If the original role is no longer available, employers must assign a comparable position with a salary no lower than before. This ensures that women retain their job security and career progression following maternity leave.

10. Protection from lay-offs during pregnancy and childcare

The 2019 Labor Code strictly prohibits employers from terminating contracts or firing employees due to marriage, pregnancy, maternity leave, or child-rearing. This provision upholds job security for women during critical life stages, reducing the risk of workplace discrimination based on family responsibilities.

11. Breast milk expressing and storage facilities

Employers with over 1,000 female employees are required to provide designated rooms for expressing and storing breast milk at the workplace. Other employers are encouraged to offer similar facilities in alignment with workplace conditions and employee needs. This provision supports breastfeeding mothers in balancing their childcare and work responsibilities in a supportive environment.

12. Right to resign due to pregnancy-related health concerns

Pregnant employees may legally terminate their labor contract if their work is medically deemed harmful to the fetus, even without meeting the standard notice period. This option empowers women to make health-conscious decisions without jeopardizing their employment rights.

13. Contract suspension for pregnancy-related health reasons

Female employees may temporarily suspend their labor contract if continuing work is determined by a medical professional to adversely impact their pregnancy. Employers and employees negotiate the suspension period based on medical recommendations. This ensures that women can prioritize health during pregnancy without permanently giving up their jobs.

14. Equal pay and advancement opportunities

Employers are required to implement gender equality measures to ensure female and male workers receive equal pay, promotions, benefits, and working conditions. This extends to social insurance, health insurance, and unemployment insurance coverage, ensuring fair treatment across all employment terms.

15. Social insurance and maternity benefits

Pregnant workers are entitled to five prenatal check-ups, each allowing one day off, with an additional day if the worker lives far from the medical facility or has a high-risk pregnancy. In cases of miscarriage, abortion, or stillbirth, female employees are eligible for time off based on pregnancy duration:

• Up to 10 days for pregnancies under five weeks
• 20 days for pregnancies between five and 13 weeks
• 40 days for pregnancies between 13 and 25 weeks
• 50 days for pregnancies over 25 weeks

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This framework of benefits and protections reflects Vietnam’s commitment to promoting gender equality and supporting women in balancing their professional and personal lives. Through these measures, Vietnam provides a supportive environment for female workers while advancing workplace standards that uphold their rights and well-being.

Conclusion

Vietnam has made substantial progress in advancing the rights and status of female workers in recent years. The implementation of comprehensive legal frameworks and policies promoting gender equality has led to notable improvements across multiple areas.

By maintaining momentum for systemic change, Vietnam can foster a more inclusive labor market that empowers female workers and acknowledges their essential contributions to the economy and society.

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