Guidance on procedures for enjoying maternity benefits in 2022

The Law Secretary guides the procedures for enjoying the maternity regime in 2022 as specified in Decision 222/QD-BHXH , specifically as follows:

Guidance on procedures for enjoying maternity benefits in 2022

Guidance on procedures for enjoying maternity benefits in 2022 (Artwork)

I. Components of application for maternity benefits

( The documents below, if the original is not specified, a valid copy can be submitted)

1. In case of paying social insurance premiums

1.1 For beneficiaries who are employees who are paying social insurance contributions

For beneficiaries who are employees who are paying social insurance

1.1.1. Female employees go for antenatal care, miscarriage, curettage, abortion, stillbirth or pathological abortion; Employees taking contraceptive measures:

- In case of inpatient treatment: A copy of the employee's hospital discharge certificate; In case of referral for medical treatment during inpatient treatment, a copy of the referral letter or hospital transfer note is required.

- In case of outpatient treatment: Certificate of leave to enjoy social insurance; or a copy of the hospital discharge certificate indicated by the doctor or the treating doctor for additional leave after the inpatient treatment period.

1.1.2. Female workers give birth

- Copy of Birth Certificate or Birth Extract or copy of Child's Birth Certificate.

- In case a child dies after birth: A copy of the birth certificate or a birth extract or a copy of the child's birth certificate, a copy of the death certificate or the extract of the death declaration or a copy of the child's death notice; In case the child dies right after giving birth but the birth certificate has not been issued, a copy or summary of the medical record or hospital discharge certificate of the mother or the surrogate female worker shall be substituted, showing the death of the child.

- In case the mother or female surrogacy worker dies after giving birth, a copy of the death certificate or extract of the death declaration of the mother or the surrogate female employee is required.

- In case the mother after giving birth or the mother who asked for surrogacy after receiving the child is no longer healthy enough to take care of the child, there must be a copy of the medical certificate of the mother or the mother asking for surrogacy.

- If you have to take a leave of absence from work to take care of your pregnancy during pregnancy as prescribed in Clause 3, Article 31 of  the Law on Social Insurance 2014  , one of the following documents must be added:

+ In case of inpatient treatment: A copy of the hospital discharge paper or a summary of the medical record showing the maternity leave.

+ In case of outpatient treatment: Certificate of leave to enjoy social insurance showing maternity leave.

+ In case there is a need to modify the certificate: Minutes of the adjustment of registration.

- In case the female employee is a gestational surrogacy worker or the mother asks for a gestational surrogacy to receive the child, an additional copy of the agreement on surrogacy for humanitarian purposes as prescribed in Article 96 of the Law on Marriage and Family this year is required. 2014; a written confirmation of the time of handing over the child of the surrogacy requesting party and the gestational surrogacy party.

1.1.3. In case the employee adopts a child under 6 months old : A copy of the adoption certificate.

1.1.4. In case a male employee or the husband of a surrogate female employee retires from work when his wife gives birth:

Copy of Birth Certificate or Copy of Child's Birth Certificate or Birth Extract; In case the birth requires surgery or gives birth to a baby under 32 weeks old but the birth certificate does not show it, there is an additional document from the medical facility showing that the birth requires surgery or gives birth to a baby under 32 weeks old. In case the child dies immediately after giving birth without a birth certificate, it shall be replaced with a copy or summary of the medical record or hospital discharge paper of the mother or the female surrogate mother showing the death of the child.

1.1.5. Male employees or husbands of mothers who request surrogacy are entitled to a one-time allowance when their wives give birth to children:

Copy of Birth Certificate or copy of Birth Certificate or birth extract of the child. In case the child dies after giving birth without a birth certificate, a copy or summary of the medical record or a copy of the hospital discharge certificate of the mother or the female surrogate mother showing that the child died.

In case a male employee is simultaneously entitled to a leave of absence from work when his wife gives birth and a lump-sum allowance when his wife gives birth, he/she shall receive a single application as mentioned in Item 1.1.4.

1.2.  For employers:

Original List of requests for settlement of sickness and maternity benefits, DSPHSK (01B-HSB).

2. In case the beneficiary is the person giving birth, adopting a child or adopting a child

In case the beneficiary is a person who gives birth, adopts a child or adopts a child during the period of reservation of social insurance premium payment due to resignation, service, discharge from the army before the time of childbirth, child adoption or adoption This applies to the case of childbirth, child adoption, child adoption while paying social insurance premiums from January 1, 2018 onward, but having stopped working at the employer and submitting the application for benefits at the social insurance agency. ):

2.1. In case of giving birth or receiving a child:

- A copy of the birth certificate or birth extract or a copy of the child's birth certificate.

- In case a child dies after birth: a copy of the birth certificate or birth extract or a copy of the child's birth certificate, a copy of the death certificate or an extract of the death certificate or a copy of the child's death notice; In case the child dies immediately after giving birth but the birth certificate has not been issued, it shall be replaced with a copy of the medical record or summary of the medical record or the discharge certificate of the mother or the surrogate female worker showing the death of the child. .

- In case the mother or female surrogate mother dies after giving birth, a copy of the death certificate or an extract of the death declaration of the mother or the surrogate female employee is required.

- In case the mother after giving birth or the mother who asked for surrogacy after receiving the child is no longer healthy enough to take care of the child, there must be a copy of the medical certificate of the mother or the mother asking for surrogacy.

- If you have to take a leave of absence from work to take care of your pregnancy during pregnancy as prescribed in Clause 3, Article 31 of  the Law on Social Insurance 2014  , one of the following documents must be added:

+ In case of inpatient treatment: A copy of the hospital discharge paper or a summary of the medical record showing the maternity leave.

+ In case of outpatient treatment: Certificate of leave to enjoy social insurance showing maternity leave.

+ In case there is a need to modify the certificate: Minutes of the adjustment of registration.

+ In case the above documents do not show the maternity leave, there is a certificate of maternity leave.

- In case the female employee is a surrogate mother giving birth or the mother asks for a surrogacy to receive the child, an additional copy of the agreement on surrogacy for humanitarian purposes as prescribed in Article 96 of  the Law on Marriage and Family of this year is required. 2014 ; a written confirmation of the time of handing over the child of the surrogacy requesting party and the gestational surrogacy party.

- In case of payment of inspection fee, there is an invoice and receipt for collection of assessment fee; a list of inspection contents of the medical assessment-implementing establishment.

2.2 In case of adoption of a child under 6 months old

Copy of Adoption Certificate.

II. Procedures for settlement of maternity benefits

Step 1 :  Prepare and submit application

- For the beneficiary

+ Case  (1)  the beneficiary is an employee who is paying social insurance premiums: Prepare a dossier according to regulations; submitted to the employer within 45 days from the date of return to work.

+ In case  (2)  the beneficiary is a person who gives birth, adopts a child or adopts a child during the reservation period of social insurance premium payment due to resignation, service, discharge from the army before the time of childbirth, child adoption, or adoption. Adoption (applies to birth, adoption, and adoption of a child while paying social insurance premiums from January 1, 2018 onward, but has quit his job at the unit and wishes to submit a dossier to receive social insurance benefits). regimes at the social insurance agency): Prepare dossiers according to regulations; submit the application and present the social insurance book to the social insurance agency of the place of residence.

-  For the employer unit

Receiving dossiers from employees; make a list of requests for settlement of sickness, maternity and DSPHSK benefits (form 01B-HSB) within 10 days from the date of receipt of complete dossiers as prescribed; submit it to the social insurance agency where the employer pays social insurance premiums.

How to apply:

- Beneficiaries in case  (1)  submit dossiers directly to the employer;

- Beneficiaries in case  (2)  submit dossiers to the social insurance agency in one of the following forms:

+ Through the public postal service;

+ Through electronic transactions: Individuals register to receive authentication codes and send electronic documents to the Vietnam Social Insurance Portal or through I-VAN organizations (if they have registered to use I-VAN services). ); In case the paper application is not converted to electronic format, the paper application shall be sent to the social insurance agency via the public postal service.

+ Directly at the social insurance agency or HCC Service Centers at all levels.

- Employer: submit a dossier to the social insurance agency in one of the following forms:

+ Through electronic transactions: the employer makes an electronic file, digitally signs it and sends it to the web portal of Vietnam Social Security or through I-VAN organization; In case the paper application is not converted to electronic format, the paper application shall be sent to the social insurance agency via the public postal service.

+ Through the public postal service;

+ Directly at the social insurance agency.

Step 2 :  The social insurance agency receives the application and settles it according to regulations

Step 3 :  Get the settlement result

- The employer: directly receive the list of settlement of sickness, maternity and health benefits at the social insurance agency or through the public postal service or electronic transaction; receive the allowance from the social insurance agency and transfer it to the account of the unit to pay to employees who register to receive cash at the employer.

- The beneficiary receives the subsidy in one of the following forms:

+ Through personal accounts;

+ Directly receive at the social insurance agency in case it has not been received at the unit but the unit has transferred the funds to the social insurance agency and in case of quitting before giving birth, adopting a child, or adopting a child without any financial resources. personal account;

+ Through the employer, in case the beneficiary is an employee who is paying social insurance premiums.

+ In case of authorizing another person to receive on behalf of another person, comply with the procedure for "authorization to receive social insurance and unemployment benefits" or the original of the authorization contract as prescribed by law.

III. Time limit for settlement of maternity benefits

- Receive dossiers from the employer: Up to 06 working days from the date the social insurance agency receives the complete dossier as prescribed.

- Receive documents from beneficiaries: Maximum 03 working days from the date of receipt of complete dossiers as prescribed.

Jewel

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