Do female employees have to pay social insurance if they return to work prior to the end of their prescribed maternity leave in Vietnam?

Do female employees have to pay social insurance if they return to work prior to the end of their prescribed maternity leave in Vietnam?

Please let me ask: My company has a woman on maternity leave, but after only 4 months, she asked to return to work. So, when she returns to work, will the company pay social insurance for her?

Answer: According to Point c, Clause 2, Article 12, Circular 59/2015/TT-BLDTBXH stipulates as follows:

c) Where the female employees return to work prior to the end of their prescribed maternity leave duration, the period of time to enjoy the maternity benefits from the leave to the time of returning to work prior to the end of their prescribed maternity leave duration is calculated as the period of time of social insurance payment. From the time of returning to work prior to the end of the maternity leave duration, the female employees shall also be entitled to the maternity benefits until the end of duration specified in Clause 1 or 3, Article 34 of the Law on social insurance but the employees and the employers must pay the social insurance and health insurance.

Thus, if a female employee returns to work prior to the end of her prescribed maternity leave, the employer (company) and the employee must pay social insurance and health insurance according to regulations in Vietnam.

Do female employees have to pay social insurance if they return to work prior to the end of their prescribed maternity leave in Vietnam? (Image from the Internet)

If my wife not participating in social insurance, will I be entitled to 6 months of maternity payment in Vietnam?

My wife just gave birth 1 month ago, my wife does not participate in social insurance, but I do participate in social insurance, will I be entitled to 6 months of maternity benefits?

Answer: According to Clause 2, Article 34 of the 2014 Social Insurance Law, it is stipulated:

2. Male employees currently paying social insurance premiums whose wives give birth to children are entitled to a maternity leave of:

a/ 5 working days;

b/ 7 working days, in case their wives undergo a surgical birth or give birth to children before 32 weeks of pregnancy;

c/ 10 working days, in case their wives give birth to twins; or additional 3 working days for each infant from the second;

d/ 14 working days, in case their wives give birth to twins or more infants and take childbirth operation.

The maternity leave period specified in this Clause must be within the first 30 days after the date of childbirth.

According to Article 34 of the 2014 Social Insurance Law, it is stipulated:

- Lump-sum allowance when giving birth or adopting a child. Female employees who give birth or employees who adopt children under 6 months old are entitled to a lump-sum allowance for each child equal to 2 times the base salary in the month the female employee gives birth or the month the employee adopts the child. In case of giving birth but only the father participates in social insurance, the father will receive a lump-sum allowance equal to 2 times the base salary in the month of birth for each child.

Pursuant to Clause 2, Article 3 of Decree 38/2019/ND-CP stipulates:

- From July 1, 2019, the base salary is 1,490,000 VND/month.

In addition, based on Point a, Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH stipulating the conditions to enjoy the one-time subsidys upon birth giving are guided as follows:

a) In case only the father participates in the social insurance, the father must pay the social insurance from full 06 month or more within the period of 12 months before birth giving;

Note: The above regulations do not apply to people working part-time in communes, wards and towns. Because according to Clause 1, Article 85 of the 2014 Social Insurance Law, it regulates levels and methods of payment by employees covered by compulsory social insurance, stipulating:

1. Employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law shall monthly pay 8% of their monthly salary to the retirement and survivorship allowance fund.

Employees defined at Point i, Clause 1, Article 2 of this Law shall monthly pay an amount equal to 8% of the statutory pay rate to the retirement and survivorship allowance fund.

Thus, based on the provisions of law in Vietnam, in case you participate in social insurance but your wife does not participate, if you meet the above conditions, you will receive a subsidy equal to two months of base salary and paid leave depends on how many children your wife gives birth to and whether the birth is normal or surgical. For more information, you can refer to Article 10 of Circular 59/2015/TT-BLDTBXH.

Above is our advice on the issue you are wondering about.

If my wife does not participate in social insurance but I do, will I still receive maternity benefits in Vietnam?

Currently I am working at the company and paying social insurance. So, if my wife doesn't work but gives birth, will I still receive her maternity benefits?

Answer: Pursuant to Article 38 of the 2014 Social Insurance Law stipulates:

Female employees giving birth or employees adopting an under-6-month child are entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth or child adoption.

In case the mother gives birth to a child but only the father is covered by social insurance, the father is entitled to a lump-sum allowance equaling 2 times the statutory pay rate for each child in the month of childbirth.

On the other hand, based on Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH stipulating the conditions to enjoy the one-time subsidys upon birth giving are guided as follows:

a) In case only the father participates in the social insurance, the father must pay the social insurance from full 06 month or more within the period of 12 months before birth giving;

So in your case: Your wife does not participate in social insurance, then when your wife gives birth, if you are eligible to pay social insurance for 6 months or more within the 12 months before giving birth, you will be entitled to a maternity benefits with a lump-sum benefit equal to 2 times the base salary in the month of birth for each child.

Above is our advice on the issue you are wondering about.

Best regards!