What are beneficiaries and eligibility for maternity benefits in Vietnam from July 1, 2025, according to the Law on Social Insurance 2024?
What are beneficiaries and eligibility for maternity benefits in Vietnam from July 1, 2025, according to the Law on Social Insurance 2024?
According to Article 50 of the Law on Social Insurance 2024, the beneficiaries and eligibility for maternity benefits in Vietnam are stipulated as follows:
(i) The subjects specified in points a, b, c, d, i, k, l, m, and n, clauses 1 and 2 of Article 2 of the Law on Social Insurance 2024 are entitled to maternity benefits in one of the following cases:
(1) Female employees who are pregnant;
(2) Female employees giving birth;
(3) Female employees who act as surrogate mothers;
(4) Female employees having a surrogate give birth;
(5) Employees adopting a child under 6 months old;
(6) Employees undergoing contraceptive measures which must be performed at a medical establishment;
(7) Male employees participating in compulsory social insurance whose wives give birth or whose surrogate wives give birth.
(ii) The subjects specified in (2), (3), (4), (5) must have paid compulsory social insurance for a period of 6 months or more within the 12-month period immediately preceding the birth of the child, or the taking of the child in cases of surrogacy or adoption of a child under 6 months old.
(iii) The subjects specified in (2), (3) who have paid compulsory social insurance for 12 months or more and must take leave for pregnancy care as prescribed by a medical practitioner at a medical establishment must have paid compulsory social insurance for at least 3 months in the 12 months immediately preceding the birth of the child.
(iv) The subjects meeting the conditions specified in (ii), (iii), (v) who terminate their labor contracts, work contracts, or quit before the time of childbirth, or the adoption of a child in cases of surrogacy or adoption of a child under 6 months old, will still be entitled to maternity benefits as stipulated in Articles 53, 54, 55, and 56, and clauses 1, 2, and 3 of Article 58 of the Law on Social Insurance 2024.
The maternity benefit period is not counted as time for paying social insurance.
(v) The subjects specified in (2i) who have paid compulsory social insurance for a period of 6 months or more within the 24-month period immediately preceding the birth of the child in case of taking leave for infertility treatment.
What are beneficiaries and eligibility for maternity benefits in Vietnam from July 1, 2025, according to the Law on Social Insurance 2024? (Image from the Internet)
What are regulations on maternity leave period upon miscarriage, abortion in Vietnam?
According to Article 52 of the Law on Social Insurance 2024, the maternity leave period upon miscarriage, abortion, antepartum stillbirth, preterm stillbirth, ectopic pregnancy is prescribed as follows:
- The maternity leave period in cases of miscarriage, abortion, antepartum stillbirth, preterm stillbirth, ectopic pregnancy as prescribed by a medical practitioner at a medical establishment, but not exceeding the following regulations:
+ 10 days if the fetus is less than 5 weeks old;
+ 20 days if the fetus is between 5 to under 13 weeks old;
+ 40 days if the fetus is between 13 to under 22 weeks old;
+ 50 days if the fetus is 22 weeks old or more.
- In the case of a pregnant female employee who is 22 weeks old or more and meets the conditions specified in clause 2 or clause 3 or clause 5 of Article 50 of the Law on Social Insurance 2024 who has a miscarriage, abortion, stillbirth, or fetal death during labor, both the female employee and her husband are entitled to maternity benefits as if the female employee had given birth.
- The maternity leave period includes public holidays, Tet, and weekly days off.
Does Voluntary Social Insurance Provide Maternity Benefits in Vietnam from July 1, 2025?
According to Article 4 of the Law on Social Insurance 2024, it is stipulated as follows:
Types and Social Insurance Benefits
1. Social pension has the following policies:
a) Monthly social pension allowance;
b) Funeral expense support;
c) Health insurance covered by the state budget.
2. Compulsory social insurance has the following policies:
a) Sickness;
b) Maternity;
c) Pension;
d) Survivorship;
dd) Occupational accident insurance, occupational disease insurance as prescribed by the Labor Safety and Hygiene Law.
3. Voluntary social insurance has the following policies:
a) Maternity allowance;
b) Pension;
c) Survivorship;
d) Occupational accident insurance as prescribed by the Labor Safety and Hygiene Law.
4. Unemployment insurance as prescribed by the Employment Law.
5. Supplementary pension insurance.
Thus, the types and social insurance benefits include:
(1) Social pension has the following policies:
- Monthly social pension allowance;
- Funeral expense support;
- Health insurance covered by the state budget.
(2) Compulsory social insurance has the following policies:
- Sickness;
- Maternity;
- Pension;
- Survivorship;
- Occupational accident insurance, occupational disease insurance as prescribed by the Labor Safety and Hygiene Law.
(3) Voluntary social insurance has the following policies:
- Maternity allowance;
- Pension;
- Survivorship;
- Occupational accident insurance as prescribed by the Labor Safety and Hygiene Law 2015.
(4) Unemployment insurance as prescribed by the Employment Law 2013.
(5) Supplementary pension insurance.
Thus, voluntary social insurance will have a maternity allowance from July 1, 2025.
Law on Social Insurance 2024 takes effect in Vietnam from July 1, 2025.
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