If I interrupt period of social insurance payment, will I enjoy maternity benefits in Vietnam? Does voluntary abortion according to family planning be entitled to maternity benefits in Vietnam?

Does voluntary abortion according to family planning be entitled to maternity benefits in Vietnam?

 I'm 6 weeks pregnant and I want to quit using medication to practice family planning. Please let me know if I am eligible for Maternity Benefit in my case? Do I participate in full insurance?

In Article 33 of the Social Insurance Law 2014 on leave period upon miscarriage, abortion, stillbirth or pathological abortion:

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, only cases of pathological abortion are entitled to maternity benefits in Vietnam. And the maximum time off work with maternity benefits due to Social Insurance is as above. In case of voluntary abortion to carry out family planning, you are not entitled to maternity benefits.

Above is our consulting content.

If I interrupt period of social insurance payment, will I enjoy maternity benefits in Vietnam? Does voluntary abortion according to family planning be entitled to maternity benefits in Vietnam? (Image from the Internet)

When I'm 4 months pregnant, can I still enjoy maternity leave in Vietnam?

Let me ask: I think it's from the 4th month of pregnancy. So can I receive social insurance for maternity benefits?

According to Article 31 of the Social Insurance Law 2014, conditions for enjoying the maternity benefits are stipulated as follows:

=> Female employees who give birth must pay social insurance for 6 months or more within the 12 months before giving birth or have paid social insurance for 12 months or more but must quit their job during pregnancy care as prescribed by a competent medical examination and treatment facility must pay social insurance for 3 months or more within 12 months before giving birth.

According to the information you provided, you stopped working from the 4th month of pregnancy, so if counting from the time you gave birth, within the previous 12 months you paid full 06 months of social insurance or paid 03 full months of social insurance when quitting work according to the law. If you are instructed by a competent medical examination and treatment facility to take time off work to take care of your pregnancy, you will be entitled to maternity benefits according to regulations. If you do not pay the full number of months of social insurance above, you will not be entitled to maternity benefits according to regulations in Vietnam.

For example: In November 2021, you are 4 months pregnant and apply to quit your job. The company agrees. You are expected to give birth around June 2020. From June 2021 to May 2022, you pay the full 6 months. Social insurance or paying full 03 months of social insurance (if you resign your job due to a medical examination and treatment facility's instructions to take time off to take care of your pregnancy), you are entitled to maternity benefits.

If I interrupt period of social insurance payment, will I enjoy maternity benefits in Vietnam?

Please ask, I started paying compulsory insurance from July 2017 to October 2021. During the process of paying insurance, I became pregnant for 5 months. So if I stop paying insurance in November 2021 and then continue paying until my due date. So am I entitled to Maternity Benefit?

(Maternity pay)? Sincere thanks to the lawyer!

According to Article 31 of the Social Insurance Law 2014, conditions for maternity benefits for female employees giving birth are specified as follows:

=> Must pay social insurance for 6 months or more within 12 months before giving birth.

In addition to Point b, Clause 1, Article 9, Circular 59/2015/TT-BLDTBXH stipulates: In case of giving a birth a adopting a child on 15^th date onwards of a month and the social insurance is paid for such month, therefore the month of birth giving or adoption shall be included in the period of 12 months before birth giving or adoption. In case the social insurance is not paid for such month, the provisions under Point a of this Clause shall be applied.

According to the information you provided, you pay social insurance until your due date, so from March 2021 to February 2022, if you pay 6 months or more of social insurance, you will enjoy maternity benefits according to regulations in Vietnam.

Based on the information you provided, you have paid social insurance from July 2017 to October 2021 and you plan to pay social insurance from December 2021 to February 2022, so you have over 6 months of social insurance. So you are entitled to maternity benefits when you do not pay social insurance in November 2021 in Vietnam.

Best regards!