When I had a miscarriage at 23 weeks, how many leave period did I receive in Vietnam? After submitting application for maternity benefits, how many days will it take to receive the money in Vietnam?

When I had a miscarriage at 23 weeks, how many leave period did I receive in Vietnam?

I had a miscarriage at 23 weeks of age, how do I receive maternity benefits? How much is benefit for a miscarriage?

Reply:

Pursuant to Article 33 of the 2014 Law on Social Insurance, there are regulations on leave period upon miscarriage, abortion, stillbirth or pathological abortion, accordingly:

1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks;

c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks;

d/ 50 days, for pregnancy of 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

According to regulations in Vietnam, when a female employee has a miscarriage, she will be entitled to leave to enjoy maternity benefits as prescribed by the medical examination and treatment facility. In my case, if I had a miscarriage at 23 weeks of pregnancy, I would be entitled to leave from work for a maximum of 40 days (including holidays, New Year holidays, and weekly days off). The specific time to enjoy the regime is as specified by the medical examination and treatment facility.

Allowance levels of the maternity benefits is prescribed 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 this Law, is the average of salaries of the months for which social insurance premiums have been paid;

Specifically, the 1-day benefit is calculated as follows:

Benefit level for 01 day = 100% of average monthly salary paid for social insurance: 30

For example, in her case, she is entitled to a maximum of 40 days off, the average monthly salary paid for social insurance as prescribed above is 6 million VND. The benefit level is calculated as follows:

Benefit level = 40 x (6,000,000 : 30) = 8,000,000 VND.

After submitting application for maternity benefits, how many days will it take to receive the money in Vietnam? 

I have already submitted my application for maternity benefits to the company. So how many days will it take for me to receive the money?

Reply:

According to Article 102 of the Social Insurance Law 2014, regulations on settlement of the sickness and maternity benefits are as follows:

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, after you have submitted your application to the company, within 10 days of receiving your complete application, the company is responsible for submitting it to the social insurance agency. And if the social insurance agency receives all documents within 10 days, it will pay maternity benefits. Therefore, the maximum time is 20 days, you can receive the money in Vietnam.

However, in reality, because the number of documents processed is so large, it can take up to 30 days. Therefore, if this time exceeds, you should contact the company or social insurance agency for the most detailed support in Vietnam.

How much money do I receive for 5 days of maternity leave in Vietnam?

I just took maternity leave and was given 5 more days to recover and recuperate. So let me ask, will I receive salary these 5 days? At what level? Thank you.

According to Article 41 of the Social Insurance Law 2014, regulations on convalescence and health rehabilitation after the maternity leave period are as follows:

1. Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period specified in Article 33, or Clause 1 or 3, Article 34, of this Law, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days.

The leave period for convalescence and health rehabilitation is inclusive of public holidays, New Year holidays and weekends. The leave period for convalescence and health rehabilitation which lasts from the end of a year to the following year shall be counted for the previous year.

2. The number of days of a leave period for convalescence and health rehabilitation specified in Clause 1 of this Article shall be jointly decided by the employer and grassroots Trade Union Executive Committee, or by the employer in case the grassroots Trade Union organization has not yet been set up. The maximum leave period for convalescence and health rehabilitation is:

a/ 10 days, for female employees who give birth to twins or more infants;

b/ 7 days, for female employees who have a surgical birth;

c/ 5 days, in other cases.

3. The per-diem allowance for convalescence and health rehabilitation after maternity leave period must equal 30% of the statutory pay rate.

In addition, Clause 2, Article 3 of Decree 38/2019/ND-CP stipulates that the base salary in 2021 is 1,490,000 VND/month.

Thus, according to current regulations, when you take 5 days of maternity leave, you will be supported at 1,490,000 VND * 30% * 5=2,235,000 VND.

Best regards!