Can a person enjoy maternity benefits while not yet withdrawing lump-sum social insurance in Vietnam?
I participated in paying social insurance for 11 months, then I resign without withdrawing and not paying social insurance for 1 year. Now I work for a company again, but my company has not participated in social insurance. Currently, I am pregnant. So can I enjoy maternity benefits?
Can a person enjoy maternity benefits while not yet withdrawing lump-sum social insurance in Vietnam? (Image from the Internet)
Conditions for enjoying the maternity benefits are stipulated in Article 31 of the 2014 Social Insurance Law:
1. Employees shall be covered by the maternity benefits in one of the following cases:
a/ Pregnant female employees;
b/ Female employees giving birth to children;
c/ Female employees as surrogate mothers and intended mothers;
d/ Employees adopting under-6-month children;
dd/ Female employees having intrauterine devices or employees taking sterilization measures;
e/ Male employees currently paying social insurance premiums whose wives give birth to children.
2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.
3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.
4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.
According to this Article, for maternity benefits when female employees are participating in social insurance, the condition for entitlement is that they must be currently participating in social insurance; as for maternity benefits when giving birth, they must have participated in social insurance for at least 03 or 06 months within 12 months before childbirth as stipulated above.
Although you have previously participated in social insurance and have not withdrawn it, you are currently not participating in social insurance at your new company, so you will not be entitled to maternity benefits until you join social insurance. Regarding maternity benefits when giving birth, if you have paid the minimum number of social insurance months by the time of giving birth, you will be entitled to maternity benefits when giving birth.
Best Regards!
