From July 1, 2025, are voluntary social insurance participants eligible for maternity benefits in Vietnam? Is the maternity allowance up to 2 million VND?
Who are subjects of Voluntary Social Insurance in Vietnam from July 1, 2025?
Pursuant to Clause 4, Article 2 of the Law on Social Insurance 2024, the provisions are as follows:
Subjects participating in compulsory and voluntary social insurance
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4. Subjects participating in voluntary social insurance include:
a) Vietnamese citizens aged 15 years or older who are not subject to compulsory social insurance and are not beneficiaries of pensions, social insurance allowances, or monthly allowances;
b) The subjects specified at Points a and b, Clause 1 of this Article who are temporarily suspending the performance of labor contracts or working contracts, except where the two parties have agreed on the payment of compulsory social insurance during this period.
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02 groups of subjects participating in voluntary social insurance include:
(1) Vietnamese citizens aged 15 years or older who are not subject to compulsory social insurance and are not beneficiaries of pensions, social insurance allowances, or monthly allowances;
(2) The following subjects who are temporarily suspending the performance of labor contracts or working contracts, except where the two parties have agreed on the payment of compulsory social insurance during this period:
(i) Persons working under indefinite-term labor contracts, definite-term labor contracts with a duration of 01 month or more, including cases where the employee and the employer agree under a different name but the content reflects work with remuneration, salary, and management, operation, and supervision by one party;
(ii) Officials and public employees.
| Currently, Clause 4, Article 2 of the Law on Social Insurance 2014 only stipulates that participants in voluntary social insurance are Vietnamese citizens aged 15 years or older and not subject to the provisions of Clause 1, Article 2 of the Law on Social Insurance 2014. |
From July 1, 2025, are voluntary social insurance participants eligible for maternity benefits in Vietnam?
From July 1, 2025, are voluntary social insurance participants eligible for maternity benefits in Vietnam? (Internet image)
Pursuant to Article 4 of the Law on Social Insurance 2024, the types and benefits of social insurance are stipulated as follows:
Types and benefits of social insurance
1. Social retirement allowance includes the following policies:
a) Monthly social retirement allowance;
b) Funeral expense support;
c) Health insurance benefits paid by the state budget.
2. Compulsory social insurance has the following policies:
a) Sickness;
b) Maternity;
c) Pension;
d) Survivorship;
đ) Occupational accident and disease insurance as stipulated by the Law on Occupational Safety and Hygiene.
3. Voluntary social insurance has the following policies:
a) Maternity allowance;
b) Pension;
c) Survivorship;
d) Occupational accident insurance as stipulated by the Law on Occupational Safety and Hygiene.
4. Unemployment insurance as stipulated by the Law on Employment.
5. Additional retirement insurance.
04 policies of voluntary social insurance include:
(1) Maternity allowance;
(2) Pension;
(3) Survivorship;
(4) Occupational accident insurance as stipulated by the Law on Occupational Safety and Hygiene.
| Currently, Clause 2, Article 4 of the Law on Social Insurance 2014 only stipulates 02 policies of voluntary social insurance including: (1) Pension; (2) Survivorship. Thus, the Law on Social Insurance 2024 has added 02 more policies of voluntary social insurance including: - Maternity allowance; - Occupational accident insurance as stipulated by the Law on Occupational Safety and Hygiene. |
Additionally, in Article 95 of the Law on Social Insurance 2024, it also supplements benefits for maternity allowances when participating in voluntary social insurance, specifically:
- The maternity allowance is 2,000,000 VND for
+ Each child born
+ Each fetus from 22 weeks of age or older that dies in the womb, or that dies during labor.
- Female labor who are ethnic minorities or female labor who are Kinh people with husbands who are ethnic minorities belonging to poor households are also entitled to other supportive policies stipulated by the Government of Vietnam when giving birth.
* Note: the condition to receive the maternity allowance is to have paid voluntary social insurance or have both paid compulsory and voluntary social insurance for a period of 06 months or more within 12 months before giving birth (Clause 1, Article 94 of the Law on Social Insurance 2024).
What documents are required to request maternity allowance when paying voluntary social insurance in Vietnam?
Pursuant to Article 96 of the Law on Social Insurance 2024, the dossier for requesting maternity allowance when paying voluntary social insurance includes one of the following documents:
(1) A copy of the birth certificate or an excerpt of the birth certificate or a copy of the certificate of birth of the child;
(2) In case the fetus dies in the womb, dies during labor or the child dies after birth without being issued a birth certificate, the dossier shall include one of the following documents:
- The original or a copy of the summary of the medical record showing that the child has died;
- The original or a copy of the hospital discharge paper of the female labor giving birth showing that the child has died;
- A copy of the death notice of the child;
- A written confirmation from the commune-level People's Committee for the case where the child dies within 24 hours after birth.
The Law on Social Insurance 2024 takes effect from July 1, 2025.
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