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

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

I am an accountant working at an export processing enterprise. I have been on maternity leave for 5 months, but now due to work requirements, I asked to go to work early and was approved by the Company President. So, in this case, will I continue to receive maternity benefits? During the time I work before the end of the maternity benefit period, do the Company and I have to pay social insurance?

Answer: Pursuant to Point C, Clause 2, Article 12 of Circular 59/2015/TT-BLDTBXH stipulates:

2. The period of time of leave to enjoy the maternity benefits from 14 working days or more in a month is calculated as the time of social insurance payment in accordance with the provisions in Clause 2, Article 39 of the Law on social insurance with the following guidelines:

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.

Based on the above regulations in Vietnam, in case you go to work before the expiration of the maternity benefit period, in addition to the salary for the working days, you are still entitled to the maternity benefit until the expiration of the prescribed period. During the time you work before your maternity leave period expires, the Company and you must pay social insurance and health insurance. This time is counted as the time for paying social insurance.

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

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

If I have participated in social insurance for 1 month, will I still receive benefits when my wife gives birth in Vietnam? 

I am a construction engineer, I have only paid social insurance for 1 month at work, my wife does not pay social insurance. When my wife gives birth, can I take dáy of leave to take care of the child and receive an allowance of 2 months of base salary?

Answer: Pursuant to Clause 2, Article 34 of the 2014 Law on Social Insurance stipulates:

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.

Article 38 of the 2014 Law on Social Insurance 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 Point a, Clause 2, Article 9 of Circular 59/2015/TT-BLDTBXH stipulating conditions to enjoy maternity benefits are as follows:

2. 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;

Thus, based on the provisions of law in Vietnam, in case the husband has only paid social insurance for 1 month after working, but the wife does not pay social insurance and gives birth to a child, the husband is entitled to take maternity leave depending on the number of children born and the wife's birth status, but not eligible for a lump-sum benefit of 2 months' base salary when giving birth.

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

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

When an employee takes maternity leave, the company does not have to pay social insurance. However, if the employee returns to work prior to the end of her prescribed maternity leave, does she have to pay social insurance? Because according to the Law, according to the Law, when she works for 14 days, she will pay social insurance?

Answer: Clause 3, Article 85 of the 2014 Law on Social Insurance stipulates:

3. Employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance benefits, except cases of maternity leave.

Clause 2c Article 12 Circular 59/2015/TT-BLDTBXH stipulates:

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, according to the above regulations in Vietnam, female employees who return to work prior to the end of their prescribed maternity leave are still entitled to maternity benefits until the prescribed period expires, at which time the employee and the employer must pay social insurance and health Insurance. Therefore, the company in this case must pay social insurance for employees.

Best regards!