If my wife does not pay social insurance six months before giving birth, is she eligible for maternity benefits in Vietnam?

If my wife does not pay social insurance six months before giving birth, is she eligible for maternity benefits in Vietnam?

My wife joined insurance from the beginning of 2019 to June 2020, then stopped paying, and on January 20, 2021, she gave birth to a baby. So is my wife eligible for maternity insurance?

Reply:

According to 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;

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 the above regulations in Vietnam, to enjoy maternity benefits, you must pay 6 months or more in the 12 months before giving birth.

If your wife gives birth on January 20, 2021, the 12 months before giving birth are counted from January 2020 - December 2020. If your wife has paid 6 months or more of social insurance during this period, she is eligible to receive maternity payment in Vietnam.

According to the information provided, your wife paid social insurance from the beginning of 2019 to June 2020, then stopped paying, and made sure to pay social insurance 6 months before giving birth in Vietnam. Therefore, in the above case, your wife meets the conditions to receive maternity payment in Vietnam.

If my wife does not pay social insurance six months before giving birth, is she eligible for maternity benefits in Vietnam? (Image from the Internet)

What to do when I don't receive maternity payment in Vietnam?

I have submitted my birth certificate to the company for more than a month but have still not received maternity payment. What should I do now to receive maternity payment? Thank.

Reply:

Clauses 1,2,3, Article 102 of the Law on Social Insurance 2014 stipulates:

1. Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.

An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.

2. Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.

3. Responsibilities of the social insurance agency:

a/ To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;

b/ To settle the social insurance benefits and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.

Therefore, from the date you submit all documents to the company, within 10 days the company is responsible for preparing documents to submit to the social insurance agency. Within 10 days from the date of receiving complete documents according to regulations from the company, the social insurance agency must resolve and organize payment for you.

Thus, in case you do not receive maternity payment in Vietnam, you first need to complain to the company director. If the company still does not resolve the matter after that, then file a complaint with the Department of Labor, War Invalids and Social Affairs or file a lawsuit with the district People's Court where the company is headquartered.

What does the company need to do for employees on maternity leave in 2022 in Vietnam?

Please let me know, in February 2022 my company will have an employee on maternity leave, what procedures do I need to follow then?

Reply:

Clause 1, Article 34 of the Law on Social Insurance 2014 stipulates:

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

And according to Clause 3, Article 85 of the Law on Social Insurance 2014: 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.

Therefore, when an employee takes maternity leave, the unit needs to carry out procedures for reporting a reduction in maternity leave in Vietnam.

Document components include (Article 23 of Decision 595/QD-BHXH 2017):

- Declaration of participating units and adjustment of social insurance and health insurance information (Form TK3-TS).

- List of employees participating in social insurance, health insurance, unemployment insurance, labor accident insurance, and occupational diseases (Form D02-TS).

- Information list (Form D01-TS).

Best regards!