If I have received unemployment benefits, am I entitled to maternity benefits in Vietnam? Can maternity leave use health insurance in Vietnam?

If I have received unemployment benefits, am I entitled to maternity benefits in Vietnam?

Let me ask about the maternity regime, I quit my job from June 2021 and have been applying for unemployment benefits for 3 months. So can I get maternity benefits? I pay social insurance from March 2019 to June 2021. My due date is 12/2021.

Reply:

* Regarding unemployment benefits:

According to Article 49 of the 2013 Employment Law, conditions for unemployment allowance receipt:

1. Terminating the labor contract or working contract, except the following cases:

a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;

b/ He/she receives monthly pension or working capacity loss allowance.

2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.

3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.

4. Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:

a/ He/she performs the military or public security obligation;

b/ He/she attends a training course of full 12 months or longer;

c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

d/ He/she is kept in temporary detention or serves a prison sentence;

dd/ He/she goes abroad for settlement or as guest worker;

e/ He/she dies.

Thus, based on the above provisions in Vietnam, when an employee meets the above conditions, he or she can submit an application to receive unemployment allowance. Note: Within 03 months from the date of termination of the labor contract, 01 set of dossiers for unemployment insurance benefit must be submitted directly to the employment service center.

Unemployment benefits and maternity benefits are two independent regimes, if employees meet all the conditions, they will receive them in Vietnam.

* About maternity benefits:

According to the information you provided, you have quit your job since 6/2021 and has received the unemployment benefits. And there is no regulation that if you have received the unemployment benefits, you will not be able to receive maternity benefits. So when you meet the following conditions, you will be entitled to maternity benefits (Article 31 of the Law on Social Insurance 2014).

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;

...

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, the expected date of birth in December 2021 in Vietnam, the period of payment of social insurance contributions from full 06 months or more within 12 months before giving birth is calculated from: December 2020 - November 2021, but you quit from 6/2021. Therefore, you have had enough time to pay social insurance contributions to enjoy maternity benefits (from December 2020 to June 2021, it is 07 months).

Besides, in case you leave your job before the time of giving birth, you will submit a dossier and present your social insurance book to the social insurance agency in Vietnam.

If the company has announced reduction of maternity leave, will employees be entitled to health insurance in Vietnam?

If the company has announced the reduction of maternity leave, will the employee be entitled to health insurance? My wife's maternity leave starts on November 30 and give birth on December 25. If the company has made a notice to reduce maternity leave, it is not known if she is still entitled to health insurance?

Reply:

According to Article 98 of the Law on Social Insurance 2014, adjustment of information of participation in social insurance is as follows:

1. Employers shall notify in writing social insurance agencies of any changes in information of participation in social insurance.

2. A dossier for adjustment of an employee’s personal information of participation in social insurance must comprise:

a/ A declaration form for adjustment of personal information;

b/ The social insurance book;

c/ Copies of competent state agencies’ papers related to the adjustment of personal information as prescribed by law.

Thus, in case there is a change in information about participation in social insurance, the employer will notify the social insurance agency (an increase or a decrease notice). According to this Article, when employees take maternity leave for more than 14 days in a month, the company will make a reduction notice.

And in Clause 6, Article 42 of Decision 595/QD-BHXH 2017:

6. If an employee who takes leave due to maternity for at least 14 working days in a month, both he/she and his/her employer are not required to pay social insurance contributions and premiums of unemployment insurance, occupational accident and occupational disease; this period will be included in the payment period of social insurance contributions and his/her health insurance premiums will be paid by the social insurance authority.

The maternity leave period shall be specified in his/her social insurance book according to the monthly salary as the basis for paying social insurance of the month preceding the leave month. In the leave period, if his/her salary is increased, the new salary shall be applied from the time of increase in his/her salary.

If an employee who is doing a heavy, toxic or dangerous job or an extremely heavy, toxic or dangerous job included in the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health or is working in areas with a region-based allowance coefficient of 0.7 or higher leaves his/her jobs due to maternity, the leave period shall be included in the period of doing a heavy, toxic or dangerous job or an extremely heavy, toxic or dangerous job or working in areas a region-based allowance coefficient of 0.7 or higher.

At the same time, in Clause 5, Article 2 of Decree 146/2018/ND-CP, employees on parental leaves who are entitled to childbirth and adoption benefits.

From the above regulations in Vietnam, after the company reports the reduction, your wife is still entitled to health insurance. Note: Your wife can still use the health insurance previously issued by the company, the social insurance agency will renew it directly on this card.

If employees have a miscarriage at 5 weeks, how many days off do they get in Vietnam?

Miscarriage at 5 weeks, how many days off? Hi, my employeehad a natural miscarriage. In the hospital discharge paper, the doctor said 5 weeks old. So, according to the Maternity regime, how many days off will an employee have when she has a miscarriage?

Reply:

According to Article 33 of the Law on Social Insurance 2014 stipulates leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:

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.

Thus, the employee of your unit had a miscarriage and was identified by the medical examination and treatment facility as a 5-week-old miscarriage. Therefore, the employee is entitled to a maximum leave of 20 days in Vietnam.

*About the level of maternity benefits in case of miscarriage

In Article 39 of the Law on Social Insurance 2014, the maternity benefits are as follows:

1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:

a/ 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;

b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;

c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.

2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of this Law.

Specifically: The average salary of the 6 months preceding the leave: 30 days x 20 days off.

*About the procedure for enjoying maternity benefits in case of miscarriage

The employee submits the certificate of maternity leave for social insurance benefits for outpatient treatment, the original or a copy of the hospital discharge certificate for inpatient treatment to the employer, within 45 days from the date back to work.

Best regards!