Vietnam: Are employees who have not paid social insurance premiums for 03 consecutive months entitled to maternity benefits?

According to the provisions in Clause 2, Article 31 of the Social Insurance Law 2014 on maternity policies as follows:

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.

As for your case, your expected childbirth date is around March 10, 2022. Therefore, the 12 months before your childbirth will be from March 2021 to February 2022.

During the 12 months before your childbirth, you have continuously paid social insurance premiums from March to July 2021 (5 months). Therefore, you are not eligible for maternity benefits in Vietnam as prescribed by law.

Sincerely!