How to calculate allowance levels of the maternity benefits in Vietnam? When is the payment deadline for maternity benefits?
How to calculate allowance levels of the maternity benefits in Vietnam?
Pursuant to Clause 1, Article 39 of the Law on Social Insurance 2014, the allowance levels of the maternity benefits are prescribed as follows:
Allowance levels of the maternity benefits
1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:
a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;
b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.
Thus, based on the above basis, the allowance levels shall be calculated as follows:
- A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.
For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of the Law on Social Insurance 2014, is the average of salaries of the months for which social insurance premiums have been paid;
- The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of the Law on Social Insurance 2014 must equal the monthly maternity allowance divided by 24 days;
- The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of Article 39; in case of odd days or the case specified in Article 33 or 37 of the Law on Social Insurance 2014, the per- diem allowance must equal the monthly allowance divided by 30 days.
How to calculate allowance levels of the maternity benefits in Vietnam? When is the payment deadline for maternity benefits?
Vietnam: When will the social insurance agency make payment of maternity alllowance to the employee?
Pursuant to Article 102 of the Law on Social Insurance 2014, the time limit for settlement of maternity benefits is stipulated as follows:
Settlement of the sickness and maternity benefits
1. Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.
An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.
2. Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.
3. Responsibilities of the social insurance agency:
a/ To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;
b/ To settle the social insurance benefits and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.
4. If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.
Thus, based on the provisions in the above regulations, the payment term for maternity benefits is as follows:
- within 10 days after receiving a complete and valid dossier from an employer, the social insurance agency settle the social insurance benefits and make payment to the employee.
- Within 05 working days from the date of receiving complete documents according to regulations from the employee who quits his job before giving birth or adopting a child, the social insurance agency must resolve and organize payment for workers.
*Note: If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.
Who is eligible for maternity benefits in Vietnam?
Pursuant to Article 30 of the Law on Social Insurance 2014, maternity benefits covers employees, including:
- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under labor contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense workers, public security workers and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Salaried managers of enterprises and cooperatives;
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