Can I receive maternity benefits if I pay intermittent social insurance in Vietnam? Is there a limit to number of times I can enjoy maternity benefits in Vietnam?

Can I receive maternity benefits if I pay intermittent social insurance in Vietnam?

I pay social insurance intermittently and am about to give birth, will I receive maternity benefits? I participated in social insurance from May 2018 to October 2021, then took a break and I have been pregnant since June 2021, expected to give birth around March 10, 2022 and August, September, October will be interrupted from participating in social insurance, so am I eligible to receive maternity pay?

Reply:

According to the provisions of Article 31 of the Law on Social Insurance 2014 on maternity benefits as follows:

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 your case, you are expected to give birth around March 10, 2022. Therefore, your 12 months before giving birth will be from March 2021 to February 2022 in Vietnam.

Therefore, 12 months before giving birth, you paid social insurance continuously from March to July 2021, for 5 months. Therefore, you were not eligible to receive social insurance under the maternity regime according to the provisions of law in Vietnam.

Can I receive maternity benefits if I pay intermittent social insurance in Vietnam? Is there a limit to number of times I can enjoy maternity benefits in Vietnam? (Image from the Internet)

Can I get maternity benefits when I resign in Vietnam?

I have worked at the company since July 2017. By September 2021, I was 2 and a half months pregnant when I applied to quit my job. At the end of October 2021, after 45 days, I officially resign my job. At this time I was 4 months pregnant. My due date is April 10, 2022. Let me ask, will I receive maternity payment when I give birth?

Reply:

According to Clauses 1, 2, 4, Article 31 of the Law on Social Insurance 2014, there are regulations on conditions for enjoying maternity benefits:

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.

...

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, in your case, you resign your job before giving birth but if you still meet the conditions specified in Clause 2, you are still entitled to maternity benefits according to regulations in Vietnam. Specifically, you must pay at least 06 months of social insurance in the 12 months before giving birth to receive maternity benefits when giving birth.

If you are due to give birth in April 2022, from April 2021 to March 2022 you must pay at least 6 months of social insurance to be eligible for maternity benefits. Please check the process of participating in social insurance during this period to know exactly in Vietnam.

Is there a limit to number of times I can enjoy maternity benefits in Vietnam?

I would like to ask whether the social insurance law limits the number of times a female employee can enjoy maternity benefits when she gives birth? Or do I  just need to meet the eligibility criteria to enjoy the benefits?

Reply:

Pursuant to Article 31 of the Law on Social Insurance 2014, there are regulations on conditions for enjoying maternity benefits, according to which female employees who give birth and meet the conditions on the time to participate in social insurance will be entitled to maternity benefits when giving birth. At the same time, maternity benefits for female employees when giving birth are not limited to the number of times they can enjoy the benefits.

Therefore, as long as female employees meet the conditions for maternity benefits when giving birth, they will be entitled to this benefit in Vietnam.

Conditions and procedures for enjoying maternity benefits when giving birth, see details HERE

Best regards!